What is the test for establishing the voluntariness of a confession?
California, United States of America
The following excerpt is from People v. Campos, 204 Cal.App.3d 138, 228 Cal.Rptr. 470 (Cal. App. 1986):
The People urge that Proposition 8 invalidated the holding in People v. Jimenez (1978) 21 Cal.3d 595, 608, 147 Cal.Rptr. 172, 580 P.2d 672, that the voluntariness of a confession must be proven beyond a reasonable doubt. The People assert the proper test is whether the voluntariness of a confession has been proven by a preponderance of the evidence. (Lego v. Twomey (1972) 404 U.S. 477, 489, 92 S.Ct. 619, 626, 30 L.Ed.2d 618, 627.)
The threshold issue centers upon the standard of proof required for the admissibility of a confession.
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