What is the burden of proving that a statement made by a witness was voluntary?
California, United States of America
The following excerpt is from People v. Mendoza, F075908 (Cal. App. 2019):
court's determinations concerning whether coercive police activity was present, whether certain conduct constituted a promise or threat and, if so, whether it operated as an inducement to confess, are reviewed de novo].) The burden is on the prosecution to show by a preponderance of the evidence that the statement was voluntary. (People v. Vasila (1995) 38 Cal.App.4th 865, 873.)
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