6.3.1 Waiver
| Library | Criminal Procedure in Practice (ABA) (2018 Ed.) |
6.3.1 Waiver
As discussed previously,73 a waiver is
an intentional relinquishment or abandonment of a known right or privilege. The determination of whether there has been an intelligent waiver . . . must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused.74
The Supreme Court has also written that with waiver, in practice, "'courts indulge every reasonable presumption against waiver' of fundamental constitutional rights and . . . 'do not presume acquiescence in the loss of fundamental rights.'"75
The trial judge must carefully scrutinize a waiver to ensure that the defendant has a rational and factual understanding of the...
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