What is the burden of establishing by a preponderance of the evidence that a defendant's confession was voluntary?

California, United States of America


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

the defendant's confession. [Citation.] 'The prosecution has the burden of establishing by a preponderance of the evidence that a defendant's confession was voluntarily made.' [Citation.] 'Whether a confession was voluntary depends upon the totality of the circumstances.' [Citations.] 'On appeal, we conduct an independent review of the trial court's legal determination and rely upon the trial court's findings on disputed facts if supported by substantial evidence.' [Citation.] The facts surrounding an admission or confession are undisputed to the extent the interview is tape-recorded, making the issue subject to our independent review." (People v. Linton (2013) 56 Cal.4th 1146, 1176-1177.)

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)
Is evidence of domestic violence committed by the Defendant against the Defendant not inadmissible under section 1101 of the California Evidence Code? (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 burden of establishing a defendant's incriminating statements was voluntary? (California, United States of America)
Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)
Is there any evidence warranting a voluntary manslaughter instruction where the evidence shows that a defendant shot and killed a man he believed was his wife's paramour? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (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 producing evidence and proving by a preponderance of that evidence that the conservatee is no longer gravely disabled? (California, United States of America)
Does the use of evidence of criminal street gang activity by a defendant to establish a predicate offence in a prosecution for active participation in a criminal gang constitute prejudicial or prejudicial evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.