What does an express waiver of rights imply?

An express waiver of rights signifies that an individual has intentionally and clearly relinquished a particular right, which can be communicated either verbally or in writing. This type of waiver is characterized by its explicit nature, meaning that the person's decision to waive their rights is made known in a way that leaves no room for ambiguity.

In contrast to a soft agreement, which might lack formal acknowledgment or specifics, the express waiver is defined by clarity and directness. The idea that no statement is necessary for waiver suggests an implied understanding rather than the clear communication required for an express waiver. Finally, while a refusal to speak may suggest an individual is not waiving their rights, it does not align with the definition of an express waiver, which requires an active decision to relinquish rights rather than inaction or silence.