Is a confession involuntary if it was motivated by a promise of leniency or benefit to the accused?

California, United States of America


The following excerpt is from People v. Higgins, B230156 (Cal. App. 2012):

A confession is involuntary if it was motivated by an express or implied promise of leniency or benefit to the accused. "However, 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 confession involuntary." (People v. Jimenez (1978) 21 Cal.3d 595, 611, overruled on other grounds in People v. Cahill (1993) 5 Cal.4th 478, 509-510, fn. 17.)

Other Questions


Does a confession motivated by a promise of leniency constitute an involuntary confession? (California, United States of America)
Is a confession involuntary if it was elicited by any promise of benefit or leniency? (California, United States of America)
Is a confession involuntary if it was elicited by any promise of benefit or leniency? (California, United States of America)
Is a confession made by a police officer as a result of a promise of benefit or leniency an involuntary or inadmissible? (California, United States of America)
Does a threat or promise to the accused compel the accused to give a confession? (California, United States of America)
Does a promise of leniency render a confession involuntary? (California, United States of America)
Does a promise of leniency by the police make a confession involuntary? (California, United States of America)
Is a promise made by a police officer or person in authority of leniency or advantage to the accused sufficient to invalidate the confession? (California, United States of America)
Is a promise made by a police officer of leniency or advantage to the accused sufficient to invalidate a confession? (California, United States of America)
What is the current state of the law on implied promises of leniency or benefits from the police? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.