What is the test for determining whether a confession is voluntary?
California, United States of America
The following excerpt is from People v. Garcia, 134 Cal.App.3d 106, 184 Cal.Rptr. 353 (Cal. App. 1982):
People v. Jiminez, supra, 21 Cal.3d 595, 147 Cal.Rptr. 172, 580 P.2d 672, supplies the rule of law to be used in California, namely, that the trial judge shall determine that the confession is voluntary beyond a reasonable doubt. Once the trial judge so determines, as was done in the case at bar, is the issue of the voluntary nature of the confession to be considered again by the jury? If so, should the jury be given a separate instruction that the burden of proof as to the voluntary nature of the confession must be beyond a reasonable doubt? The answer to both these questions is in the negative.
Section 405(b) does not explicitly answer these questions, as it provides:
"(b) If a preliminary fact is also a fact in issue in the action:
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