What is the test for determining whether a confession is voluntary?
California, United States of America
The following excerpt is from People v. Fayed, 260 Cal.Rptr.3d 761, 460 P.3d 1149, 9 Cal.5th 147 (Cal. 2020):
will. " [Citation.] The test for determining whether a confession is voluntary is whether the defendants " will was overborne at the time he confessed." " ( People v. McWhorter (2009) 47 Cal.4th 318, 346-347, 97 Cal.Rptr.3d 412, 212 P.3d 692.)
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