What is the burden of proving a defendant's statement was voluntarily made?
California, United States of America
The following excerpt is from People v. Mullen, C062851 (Cal. App. 2012):
At trial, the People bear the burden of proving by a preponderance of the evidence that defendant's statement was made voluntarily. (People v. Markham (1989) 49 Cal.3d 63, 71.) "When determining whether a promise of leniency was made, a crucial distinction is drawn between simple police encouragement to tell the truth and the promise of some benefit beyond that
Page 15
"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
What is the difference between statements made by a defendant at the time of a search for illegal drugs in his bedroom closet and statements made during the search? (California, United States of America)
What is the burden on a plaintiff to prove that a Defendant has made a reasonable and reasonable offer under section 998 of the California Civil 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)
Can a defendant argue that a statement made by defendant to a witness was inadmissible under the California Evidence Code? (California, United States of America)
Can a defendant exclude a statement made by the Defendant under the Miranda Rule? (California, United States of America)
What is the burden of proving that a mistake or error was made by a defendant in a plea bargain? (California, United States of America)
What is the legal test for proving a defendant has met their burden of proving that a cause of action has no merit? (California, United States of America)
What is the burden of proving that a statement made by a witness was voluntary? (California, United States of America)
What is the test for a claim of misconduct in a criminal case brought by a defendant that the prosecution made comments that reduced the burden of proving reasonable doubt with common sense? (California, United States of America)
What is the burden of proving a defendant knowingly and voluntarily waived their Miranda right? (California, United States of America)
