ILEA Criminal Law Practice Exam – Complete Prep Resource

The correct understanding of how the waiver of rights can be expressed is that it can be either implied or expressly stated. An expressed waiver is when an individual explicitly states or writes that they are giving up a right. For instance, if someone is informed of their right to counsel during an interrogation and they explicitly state that they do not wish to have an attorney present, that represents an express waiver.

On the other hand, an implied waiver may occur through the actions or conduct of an individual. For example, if a person is aware of their rights but chooses to proceed with a conversation or action that typically requires the exercise of those rights, their inaction can imply that they are waiving those rights.

This dual capacity for waiving rights—both through clear expression and through implied actions—allows for a more comprehensive understanding of how individuals can forfeit legal protections.