A mentally competent defendant who affirmatively waives his or her rights clearly meets the express waiver standard.

Question

Quizplus · Accepted Answer

An express waiver is a clear and unequivocal relinquishment of a known right or privilege, such as the rights to silence or legal counsel. When a mentally competent defendant affirmatively waives his or her rights, it directly meets the criteria for an express waiver, as it is a deliberate and informed decision to forego those rights.

A Mentally Competent Defendant Who Affirmatively Waives His or Her