What is the test for using an involuntary confession in a criminal case?

California, United States of America


The following excerpt is from People v. Alvarado, F072639 (Cal. App. 2018):

"The Fourteenth Amendment to the federal Constitution and article 1, section 15 of the state Constitution bar the prosecution from using a defendant's involuntary confession." (People v. Massie (1998) 19 Cal.4th 550, 576; Jackson v. Denno (1964) 378 U.S. 368, 376.) "'A statement is involuntary if it is not the product of "'a rational

Page 7

Other Questions


What is the legal test for using an involuntary confession in a criminal case? (California, United States of America)
Can a defendant's involuntary confession be used as evidence in a criminal case? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Does testimony supporting a defense in a criminal case undermine the fundamental fairness of the criminal trial and thus precluding a possible lesser conviction for involuntary manslaughter? (California, United States of America)
In a civil case, how has the court treated the use of DNA evidence in criminal cases? (California, United States of America)
In what circumstances can a confession be used in a criminal case? (California, United States of America)
Can evidence of criminal activity be used in a criminal case? (California, United States of America)
Can a defendant's own confession be used as evidence in a criminal case? (California, United States of America)
Is there any case law or precedent that curative instructions can be used to limit prejudicial evidence in a criminal case? (California, United States of America)
How does a defendant defend in a personal injury case using a cross-examining technique used in a mental health case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.