Is there any implied offer of leniency or otherwise implied leniency made by police officers to an accused?

California, United States of America


The following excerpt is from People v. Lopez, H039476 (Cal. App. 2016):

We do not agree with Lopez that the officers made any implied offers of leniency. " '[W]here a person in authority makes an express or clearly implied promise of leniency or advantage for the accused which is a motivating cause of the decision to confess, the confession is involuntary and inadmissible as a matter of law.' [Citation.] 'A confession is "obtained" by a promise . . . if and only if inducement and statement are linked, as it were, by "proximate" causation. . . . 'This rule raises two separate questions: was a promise of leniency either expressly made or implied, and if so, did that promise motivate the subject to speak?' [Citation.] To answer these questions ' "an examination must be made of 'all the surrounding circumstancesboth the characteristics of the accused and

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the details of the interrogation.' " ' [Citation.]" (People v. Tully (2012) 54 Cal.4th 952, 985-986.)

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