Is there any evidence that psychological coercion was used to coerce a defendant into giving a false confession?

California, United States of America


The following excerpt is from People v. Serna, H041769 (Cal. App. 2018):

Second, Serna's claim that the length of time between his arrest and initial interrogation contributed to the psychological coercion is unpersuasive. Certainly, relinquishment of Miranda rights must be made by a defendant's free choice, not by intimidation, coercion, or deception. (People v. Clark, supra, 5 Cal.4th at p. 986.) Serna,

Page 37

however, does not point to anything in the record that suggests the delay in the interrogation was some type of psychological coercion employed by the police. (See People v. Williams (1997) 16 Cal.4th 635, 659 ["A confession or admission is involuntary, and thus subject to exclusion at trial, only if it is the product of coercive police activity."].)

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