CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......Facts Finally Determined by Judge
.........Confessions
5 Cards On This Topic:

Entire record supported trial ct.'s finding adequate foundation established under EC 403 for admitting W evidence that D, known to her as Eric and E Money, told her he killed 3 people in Monterey Park.

Whether confession is voluntary is determination to be made outside presence of jury.

Court determines admissibility of confession and jury shall determine weight and credibility. Once court admits confession, it should not instruct jury to redetermine its admissibility.

Under rule of People v. Burton and Fare v. Michael C., M was not invoking his Miranda privileges in asking to speak to his mother.

Court's determination of voluntariness shall be final and not resubmitted to jury; this does not violate state constitutional right to trial by jury.