What is the test for an intelligent waiver of constitutional rights?
California, United States of America
The following excerpt is from Moss, In re, 170 Cal.App.3d 16, 216 Cal.Rptr. 205 (Cal. App. 1985):
It has long been held that the determination of whether there has been an intelligent waiver of constitutional rights "must depend, in each case, upon the particular facts and circumstances surrounding that case, including the background, experience, and conduct of the accused." (Johnson v. Zerbst, supra, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461, emphasis added.)
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