What is the burden of proving a defendant's waiver of testimony?
California, United States of America
The following excerpt is from People v. Leyva, F076234 (Cal. App. 2018):
the burden of demonstrating the validity of the defendant's waiver by a preponderance of the evidence." (People v. Dykes (2009) 46 Cal.4th 731, 751.) "[T]he prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination." (Miranda, at p. 444.)
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