Political Law, 2011 Bar — Question 20

MULTIPLE CHOICE

After X, a rape suspect, was apprised of his right to silence and to counsel, he told the investigators that he was waiving his right to have his own counsel or to be provided one. He made his waiver in the presence of a retired Judge who was assigned to assist and explain to him the consequences of such waiver. Is the waiver valid? (A) No, the waiver was not reduced in writing. (B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his competence and independence. (C) Yes, the waiver was made voluntarily, expressly, and with assistance of counsel. (D) No, a retired Judge is not a competent and independent counsel.

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