Waiving Your Rights

In plea bargain cases, it is standard practice for the Defendant to sign a document waiving his right to appeal.  A Federal district judge in New York is concerned that some of these waivers are so broad they violate the Constitution.  Should the prosecutor, for example, be able to force Defendants to waive their right to appeal on the grounds of ineffective assistance of counsel?  Given that 97% of Federal criminal cases and 94% of State criminal cases are resolved through plea bargains, this is important issue.

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