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iLaw Dictionary
California
Law Dictionary
Criminal Law Voluntariness of a Confession
(People. v. Haley)

Criminal Law Voluntariness of a Confession--Factors to be Considered
(People. v. Haley)

“[T]he state’s burden is to prove the voluntariness of a confession by a preponderance of the evidence.” (People v. Weaver (2001) 26 Cal.4th 876, 920.)[6] “Under both state and federal law, courts apply a ‘totality of circumstances’ test to determine the voluntariness of a confession. [Citations.] Among the factors to be considered are ‘ “the crucial element of police coercion [citation]; the length of the interrogation [citation]; its location [citation]; its continuity” as well as “the defendant’s maturity [citation]; education [citation]; physical condition [citation]; and mental health.” ’ [Citation.] On appeal, the trial court’s findings as to the circumstances surrounding the confession are upheld if supported by substantial evidence, but the trial court’s finding as to the voluntariness of the confession is subject to independent review.” (People v. Massie (1999) 19 Cal.4th 550, 576.)

People_v_Haley (S007531A) 8/26/04

Aug 26 2004

S007531A
[PDF] [DOC]

P. v. Haley 8/26/04 SC

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