What is the test for determining whether a confession is voluntary?

California, United States of America


The following excerpt is from People v. Ratcliffe, E063690 (Cal. App. 2017):

"'A statement is involuntary if it is not the product of "'a rational intellect and free will.'" [Citation.] The test for determining whether a confession is voluntary is whether the defendant's "will was overborne at the time he confessed." [Citation.] "'The question posed by the due process clause in cases of claimed psychological coercion is whether the influences brought to bear upon the accused were "such as to overbear petitioner's will to resist and bring about confessions not freely self-determined." [Citation.]' [Citation.] In determining whether or not an accused's will was overborne, 'an examination must be made of "all the surrounding circumstancesboth the characteristics of the accused and the details of the interrogation." [Citation.]' [Citation.]" [Citation.]'" (People v. McWhorter (2009) 47 Cal.4th 318, 346-347.) On appeal, we defer to the trial court's factual findings concerning the circumstances surrounding the interrogation, but we independently review the voluntariness of the defendant's statements under the totality of the circumstances. (People v. Massie (1998) 19 Cal.4th 550, 576.)

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3. Analysis.

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