What is the test for proving the voluntariness of a confession?

California, United States of America


The following excerpt is from Joe R., In re, 165 Cal.Rptr. 837, 27 Cal.3d 496, 612 P.2d 927 (Cal. 1980):

The court's ruling was made before People v. Jimenez, supra, 21 Cal.3d 595, 608-609, 147 Cal.Rptr. 172, 580 P.2d 672, held that (1) the prosecution has the burden of proving voluntariness of a confession beyond a reasonable doubt, (2) it cannot be presumed that trial courts applied the correct standard in pre-Jimenez rulings, and (3) we should uphold prior rulings of voluntariness only if there is no reasonable probability that a result more favorable to defendant would have been reached had the correct standard been applied. 10 Here the

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