What is the burden of proof required for admitting a defendant's statement at trial?
California, United States of America
The following excerpt is from People v. Sabdala, 206 Cal.App.3d 403, 253 Cal.Rptr. 603 (Cal. App. 1988):
While we recognize in other contexts the procedural-substantive dichotomy has been described as problematic (see People v. Smith, supra, 34 Cal.3d 251, 260, 193 Cal.Rptr. 692, 667 P.2d 149), in light of May we find that the burden of proof required for admission at trial of a defendant's statement is not a substantive right encompassed by the privilege provisions of Evidence Code section 940.
"The most advanced legal research software ever built."
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
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
In a dual jury trial where two defendants have admitted extrajudicial statements against one defendant, what is the procedure in which one of the juries is to be excused? (California, United States of America)
Is there any case law that supports the argument that reducing the burden of burden on trial by reducing the length of time required for trial? (California, United States of America)
When a defendant's extrajudicial statements form part of the prosecution's evidence, does the trial court have to instruct sua sponte that a finding of guilt cannot be predicated on the statements alone? (California, United States of America)
What is the test for admitting a statement made by a defendant during his arrest but before receiving the warnings against self-incrimination required by Miranda? (California, United States of America)
What is the test for admitting a statement that was erroneously admitted at trial? (California, United States of America)
What is the test for requiring a trial court to hold a second competency hearing on a defendant's "bizarre" statements? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (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)
