What factors are considered in determining whether a confession was voluntary or coerced?

California, United States of America


The following excerpt is from People v. Carrasco, G048592 (Cal. App. 2014):

emotional during the interview, and the officers were sometimes aggressive in questioning her and accused her of not being truthful. Although these are factors to be considered in assessing whether a confession was voluntary or coerced, we cannot say this was an involuntary confession. (See People v. Duff (2014) 58 Cal.4th 527, 555-556, 558 ["we consider the totality of the circumstances, including '"'the crucial element of police coercion,'"' the length, location, and continuity of the interrogation, and the defendant's maturity, education, and physical and mental health"].) We have read the entire transcript of the interview and cannot say it was the product of "'those psychological ploys which, under all the circumstances, are so coercive that they tend to produce a statement that is both involuntary and unreliable.' [Citation.]" (People v. Jones (1998) 17 Cal.4th 279, 297-298.)

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