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NCJRS Abstract

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NCJ Number: 126421 Find in a Library
Title: Criminal Defendants' Waiver of the Right to Appeal -- An Unacceptable Condition of a Negotiated Sentence or Plea Bargain
Journal: Notre Dame Law Review  Volume:65  Issue:4  Dated:(1990)  Pages:649-670
Author(s): G M Dyer; B Judge
Date Published: 1990
Page Count: 22
Type: Best Practice/State-of-the-Art Review
Format: Article
Language: English
Country: United States of America
Annotation: The waiver of a criminal defendant's right to appeal is an unacceptable condition of a sentence or plea bargain.
Abstract: The practice of conditioning the acceptance of sentence or plea bargains upon defendants waiving their rights to appeal represents a systemic deprivation of defendants' rights to have their convictions reviewed. Consequently, it violates the due process clause of the fourteenth amendment. The right to appeal a criminal conviction has become too integral a part of the criminal justice system to be sacrificed in the name of "efficiency." Courts should hold that such waivers are invalid. At present, this is a minority view. The courts that have yet to address the issue of permitting appeal waivers should recognize that the right to appeal a criminal conviction has taken on added significance as a safeguard in a system that depends so heavily upon plea-based convictions for its administration. 159 notes
Main Term(s): Waiver of rights
Index Term(s): Appeal procedures; Right to Due Process; Rights of the accused
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