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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