What is the test for erroneous admission of statements obtained in violation of the Fifth Amendment?
California, United States of America
The following excerpt is from People v. Ruiz, H040242 (Cal. App. 2015):
"The erroneous admission of a defendant's statements obtained in violation of the Fifth Amendment is reviewed for prejudice under the beyond a reasonable doubt standard of Chapman v. California (1967) 386 U.S. 18. [Citations.] That test requires the People here 'to prove beyond a reasonable doubt that the error complained of did not contribute to the verdict obtained.' [Citation.]" (Elizalde, supra, 61 Cal.4th at p. 542.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is erroneous admission of a defendant's statements obtained in violation of the Fifth Amendment reviewed for prejudice? (California, United States of America)
Is erroneous admission of statements obtained in violation of the Fifth Amendment reviewed for prejudice under the beyond reasonable doubt standard? (California, United States of America)
Is erroneous admission of statements obtained in violation of the Fifth Amendment reviewed for prejudice? (California, United States of America)
How is the erroneous admission of a statement obtained in violation of the Fifth Amendment/Miranda? (California, United States of America)
Can the prosecution impeach a testifying defendant with statements obtained from his own counsel in violation of his Sixth Amendment right to counsel? (California, United States of America)
If the police violate a defendant's Fourth Amendment rights before obtaining consent, can the evidence obtained as a result of the search be suppressed? (California, United States of America)
How have the courts treated a motion to exclude or exclude statements made by defendant on the grounds that they were elicited in violation of his Fifth Amendment rights? (California, United States of America)
When a defendant has adopted a statement as his own as an adoptive admission, is that statement admissible under the hearsay rule? (California, United States of America)
Does the erroneous admission of a confession that was coerced or obtained in violation of Miranda require reversal? (California, United States of America)
Is there any case law where DNA obtained from a PAS device was obtained in violation of a defendant's Fourth Amendment right? (California, United States of America)
