Is a defendant's claim that he was coerced into giving evidence in a second interview by police officers that he had been threatened with the death penalty?

California, United States of America


The following excerpt is from The PEOPLE V. WILLIAMS, No. A 579310-01, S029490 (Cal. 2010):

Defendant nonetheless urges that the officers coerced his statements when, during the first interview, they threatened he would suffer the death penalty unless he cooperated with them. "Of course, '[a] [c]onfession induced by the threats of prosecution for a capital crime [has] been held inadmissible.' " (People v. Avena (1996) 13 Cal.4th 394, 420.) As defendant claims, and as demonstrated by the

Page 42

italicized language, ante, at pages 34-36, there were several references to the death penalty during the first interrogation.

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