What is the test for making a statement involuntary?

California, United States of America


The following excerpt is from People v. Ackerman, 3 Crim. C065484, 3 Crim. C067078 (Cal. App. 2016):

" 'The Fourteenth Amendment of the federal Constitution and article I, section 7 of the California Constitution make "inadmissible any involuntary statement obtained by a law enforcement officer from a criminal suspect by coercion." ' [Citation.] The prosecution must prove by a preponderance of the evidence that a defendant freely and voluntarily gave police statements before the statements can be admitted. [Citation.] ' "Voluntariness does not turn on any one fact, no matter how apparently significant, but rather on the 'totality of [the] circumstances.' " ' [Citation.] The test considers several factors, including any element of police coercion, the length of the interrogation and its location and continuity, and the defendant's maturity, education, and physical and mental health." (People v. Peoples (2016) 62 Cal.4th 718, 740 (Peoples); accord, People v. Williams (1997) 16 Cal.4th 635, 660 [rejecting the view that an offer of leniency necessarily renders a statement involuntary].) Other factors include a defendant's

Page 57

Other Questions


Does an offer of lenient treatment in exchange for making a statement render the statement involuntary and inadmissible? (California, United States of America)
Can a promise of lenient treatment in exchange for making a statement render the statement involuntary? (California, United States of America)
Is a party who makes a statement in the presence of a witness admissible for the purpose of showing the party's reaction to the statement? (California, United States of America)
What is the test for making an involuntary statement? (California, United States of America)
What is the effect of a statement of counsel making an improper statement to a jury? (California, United States of America)
What is the test for making a statement to his mother that was not an involuntary one? (California, United States of America)
What is the test for making a statement in a witness statement? (California, United States of America)
What is the test for making a statement involuntary? (California, United States of America)
What is the test for making a statement that is not a criminal statement? (California, United States of America)
Can an individual accused of making defamatory statements by their own conduct, create their own defense by making the claimant public figure? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.