If an accused in custody asserts the right to silence,the government bears a heavy burden of proof to show that a later waiver of the privilege was made

Question

Quizplus · Accepted Answer

The government must prove that the waiver was made knowingly and intelligently, meaning that the accused understood the consequences of giving up their right to silence. While it may also be helpful for the waiver to be made in the presence of defense counsel or in writing, those factors are not the primary considerations in determining the validity of the waiver. The standard of proof required is also not necessarily "clear and convincing," which is a higher standard than the "beyond a reasonable doubt" standard typically used in criminal cases.

If an Accused in Custody Asserts the Right to Silence,the