Does a threat or exhortation by the police that it would be better for the accused to tell the truth be considered involuntary?

California, United States of America


The following excerpt is from People v. Benavidez, A129154 (Cal. App. 2012):

Similarly, the " 'mere advice or exhortation by the police that it would be better for the accused to tell the truth when unaccompanied by either a threat or a promise does not render a subsequent [statement or admission] involuntary.' [Citation.] In terms of assessing inducements assertedly offered to a suspect, ' "[w]hen the benefit pointed out by the police . . . is merely that which flows naturally from a truthful and honest course of conduct," the subsequent statement will not be considered involuntarily made. [Citation.]' [Citations.]" (People v. Howard (1988) 44 Cal.3d 375, 398, superseded on another ground as recognized in People v. Shoemake (1993) 16 Cal.App.4th 243, 253.)

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