What is considered to be an involuntary confession in a criminal case?

California, United States of America


The following excerpt is from Roger G., In re, 125 Cal.Rptr. 625, 53 Cal.App.3d 198 (Cal. App. 1975):

A confession is deemed involuntary and hence inadmissible if procured by an express or implied promise of benefit beyond that naturally flowing from a truthful statement (People v. Johnson, 70 Cal.2d 469, 479, 74 Cal.Rptr. 889, 450 P.2d 265), or by an express or implied threat that the failure to make a statement will result in consequences adverse to the suspect. (People v. Brommel, 56 Cal.2d 629, 633--634, 15 Cal.Rptr. 909, 364 P.2d 845.) Conversely, a confession is deemed voluntary and hence admissible if obtained in response

Page 628

Other Questions


Does a recorded jail informant confession following a confession to police in a criminal case have to be admissible? (California, United States of America)
What is the legal test for using an involuntary confession in a criminal case? (California, United States of America)
Does testimony supporting a defense in a criminal case undermine the fundamental fairness of the criminal trial and thus precluding a possible lesser conviction for involuntary manslaughter? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Can a defendant's involuntary confession be used as evidence in a criminal case? (California, United States of America)
What is the test for an involuntary confession in a criminal case? (California, United States of America)
How should a jury consider other criminal activity at the penalty phase of a criminal case? (California, United States of America)
What is the test for using an involuntary confession in a criminal case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.