CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Foundation Issues
......Determination of Foundational Fact
.........Mandatory Hearing Out of Jury's Presence
6 Cards On This Topic:

In criminal case, court shall, out of presence of jury, hear objections to admissibility of confessions or admissions of the accused.

Trial properly denied D's motion for EC §402 hrg re jailhouse informant's statements where defense raised no "preliminary fact" concerning their admissibility and D's challenges to reliability went to weight rather than admissibility.

Where D claims pre-trial ID procedure so unfair as to taint in-court ID, proper procedure requires trial court to determine fairness out of jury's presence.

Court must determine admissibility of confession out of jury's presence regardless of whether D requested it.

When D requests that hearing to determine admissibility of confession be heard in jury presence, court has discretion to require hearing to take place outside jury's presence.

May be abuse of discretion not to hear evidence re voluntariness in camera when case has attracted widespread publicity and D has so requested.