After confessing to racketeering, Nicky Cheeks’ (through his high-priced mob attorney) is now saying that his confession was coerced and that his waiver of Miranda rights was not valid, therefore his confession should not be admissible in court.
-By what standard of proof is the prosecution now required to prove the validity of Nicky's waiver of rights?

Question

After confessing to racketeering, Nicky Cheeks’ (through his high-priced mob attorney) is now saying that his confession was coerced and that his waiver of Miranda rights was not valid, therefore his confession should not be admissible in court.  
-By what standard of proof is the prosecution now required to prove the validity of Nicky's waiver of rights?

Quizplus · Accepted Answer

The prosecution must prove the validity of Nicky's waiver of Miranda rights by a "preponderance of the evidence." This means that the prosecution must demonstrate that it is more likely than not that the waiver was made knowingly, voluntarily, and intelligently.

After Confessing to Racketeering, Nicky Cheeks’ (Through His High-Priced Mob