According to what test do suspects have to make clear statements that indicate they know their rights, know they're giving them up, and know the consequences of giving them up?
a. the implied waiver test
b. the express waiver test
c. the reliability waiver test
d. the free will waiver test
Question 2
Under the accusatorial system rationale, a forced confession violates due process, even if the confession is true, because:
a. a forced confession should be conclusively assumed to be unreliable.
b. the confession violates the Eighth Amendment prohibition against cruel and unusual punishment.
c. the state has the burden of proving guilt under our system.
d. a forced confession may be unreliable.
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