A totality of the circumstances is used to determine if a waiver of Miranda rights was done __________________________.

Question

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A waiver of Miranda rights must be done knowingly, meaning the person understands their rights and knowingly gives up their right to remain silent and to an attorney. The totality of the circumstances, including the person's age, education, mental state, and whether the police adequately explained their rights, is used to determine if the waiver was knowing. While a waiver can be expressed orally or in writing, the crucial factor is whether it was done knowingly.

A Totality of the Circumstances Is Used to Determine If