When will this court apply the Jimenez beyond a reasonable doubt standard to test the voluntariness of a confession?
California, United States of America
The following excerpt is from People v. Markham, 260 Cal.Rptr. 273, 49 Cal.3d 63, 775 P.2d 1042 (Cal. 1989):
We observe that in earlier cases, this court had applied the Jimenez beyond a reasonable doubt standard interchangeably to test both the voluntariness of confessions in the traditional sense, as well as the voluntariness of Miranda waivers. (See People v. Murtishaw (1981) 29 Cal.3d 733, 753, 175 Cal.Rptr. 738, 631 P.2d 446; People v. Braeseke (1979) 25 Cal.3d 691, 701, 159 Cal.Rptr. 684, 602 P.2d 384.)
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