Can a promise of lenient treatment in exchange for making a statement render the statement involuntary?

An offer of more lenient treatment in exchange for making a statement may render the statement involuntary and inadmissible. (People v. Jackson (1980) 28 Cal.3d 264, 299, overruled on other grounds by People v. Cromer (2001) 24 Cal.4th 889, 901, fn. 3.) "The offer or promise of such benefit need not be expressed, but may be implied from equivocal language not otherwise made clear." (Ibid.)

An involuntary confession may be based on an express or implied promise to release a family member from custody. (People v. Trout (1960) 54 Cal.2d 576, 585, overruled on

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other grounds by People v. Cahill (1993) 5 Cal.4th 478, 509 & fn. 17.) In Trout, an officer told defendant his wife would be released from custody "if it were shown that she was not involved." (Id. at p. 584.) Because the officer was seeking a confession from the defendant, "it could have been understood as suggesting that defendant's wife would be released from custody upon his confession." (Ibid.) Similarly, in McWhorter, the defendant's statements were involuntary and inadmissible after police promised to release the defendant's wife if he gave enough details about the crime.