Is it error to tell the jury that a defendant's confession was voluntary?
California, United States of America
The following excerpt is from People v. Rigmaden, C071533 (Cal. App. 2015):
9. In Dempsey v. State (Md. 1976) 355 A.2d 455, at page 463, the court found it error to tell the jury that defendant's confession was voluntary. It found the error was not harmless beyond a reasonable doubt. (Id. at p. 465.) At that time, Maryland courts applied the same harmless error standard for all errors in criminal cases and did not distinguish between constitutional and other errors. (Dorsey v. State (Md. 1976) 350 A.2d 665, 677.)
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