What is the burden of establishing a defendant's incriminating statements was voluntary?

California, United States of America

The following excerpt is from People v. A.G. (In re A.G.), G044949 (Cal. App. 2012):

The prosecution has the burden of establishing a defendant's incriminating statements were voluntary. (People v. Maestas (1987) 194 Cal.App.3d 1499, 1504.) "On appeal, a reviewing court looks at the evidence independently to determine whether a defendant's confession [or statement] was voluntary, but will uphold the trial court's findings of the circumstances surrounding the confession [or statement] if supported by substantial evidence. [Citations.]" (People v. Lewis (2001) 26 Cal.4th 334, 383.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)

What is the burden of establishing by a preponderance of the evidence that a defendant's confession was voluntary? (California, United States of America)

Does Defendant have a claim that the prosecution reduced the burden of proving a defendant's guilt by failing to instruct the jury that refusal was insufficient to establish guilt? (California, United States of America)

What is the test for establishing that a government agent deliberately elicits from a defendant to make incriminating statements? (California, United States of America)

What is the test for establishing that a Defendant has met their burden to establish that a different result is probable? (California, United States of America)

What is the test for a defendant's claim that he was denied his constitutional right to due process of law because the trial court relieved the prosecution of its burden of establishing that defendant acted with malice? (California, United States of America)

What is the burden of establishing a defendant's innocence? (California, United States of America)

What is the test for establishing personal jurisdiction against a defendant who allegedly made defamatory statements on the internet? (California, United States of America)

Can a defendant use the introduction of his out-of-court statements as an opportunity to introduce "extraneous statements" that might favor him? (California, United States of America)

What are the factors used to determine whether a defendant was in custody when he made incriminating statements in response to police interrogation? (California, United States of America)

What is the burden of establishing a defendant's incriminating statements was voluntary?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources