What is the legal test for establishing whether a confession was voluntary?
California, United States of America
The following excerpt is from People v. Brunt, A148981 (Cal. App. 2018):
"The prosecution has the burden of establishing voluntariness by a preponderance of the evidence. Whether a confession was voluntary depends upon the totality of the circumstances. We accept a trial court's factual findings, provided they are supported by substantial evidence, but we independently review the ultimate legal question." (People v. Scott (2011) 52 Cal.4th 452, 480 (Scott).)
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