In what circumstances will a defendant waive his privilege against self-incrimination and his right to confront witnesses at trial?

California, United States of America


The following excerpt is from People v. Abbenhaus, E054111 (Cal. App. 2012):

In Boykin v. Alabama (1969) 395 U.S. 238, the court held that before entering a plea of guilty, a defendant must knowingly and voluntarily waive his privilege against self-incrimination and his rights to a jury trial and to confront witnesses. (Id. at p. 243 & fn. 5.) Because the record was truly silent as to whether the defendant was informed of those rights, the court did not presume a knowing and voluntary waiver of those rights. (Id. at p. 239-240.) In In re Tahl (1969) 1 Cal.3d 122, the court held that "each of the three rights mentionedself-incrimination, confrontation, and jury trialmust be

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