Is erroneous admission of statements obtained in violation of the Fifth Amendment reviewed for prejudice under the beyond reasonable doubt standard?

California, United States of America


The following excerpt is from People v. Hernandez, E071053 (Cal. App. 2020):

"The erroneous admission of a defendant's statements obtained in violation of the Fifth Amendment is reviewed for prejudice under the beyond a reasonable doubt standard . . . . [Citations.] That test requires the People here 'to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.' [Citation.]" (Elizalde, supra, 61 Cal.4th at p. 542.) "'To say that an error did not contribute to the ensuing verdict is . . . to find that error unimportant in relation to everything else the jury considered on the issue in question, as revealed in the record.' [Citation.]" (People v. Neal (2003) 31 Cal.4th 63, 86.)

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