Answer to Question 1
In addition to the requirement that a valid Miranda waiver must be knowing and intelligent, it must also be voluntary. The test for voluntariness is similar to the due process voluntariness test discussed earlier in this chapter.
Answer to Question 2
If a person is arrested and interrogated after asserting Fifth Amendment protection and is not provided with counsel, then the Fifth Amendment will be violated. Second, a defendant in a criminal trial cannot be compelled to testify under any circumstances. The defendant enjoys absolute Fifth Amendment protection from self-incrimination during a criminal proceeding.
