California, United States of America
The following excerpt is from People v. McNatt, A150775 (Cal. App. 2018):
The federal and California state Constitutions require prosecutors to establish, by a preponderance of evidence, that a defendant's confession was voluntarily made. (People v. Boyette (2002) 29 Cal.4th 381, 411.) "The test for the voluntariness of a custodial statement is whether the statement is ' "the product of an essentially free and unconstrained choice" ' or whether the defendant's ' "will has been overborne and his capacity for self-determination critically impaired" ' by coercion." (People v. Cunningham (2015) 61 Cal.4th 609, 642.) In making this assessment, courts must evaluate "the totality of all the surrounding circumstancesboth the characteristics of the accused and the details of the interrogation." (Schneckloth v. Bustamonte (1973) 412 U.S. 218, 226.) Relevant characteristics of the accused include the defendant's age, maturity, education, intelligence, mental health, and physical condition at the time of the
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