Few in the general public, even those deeply committed to criminal justice reform, have ever heard of appeal waivers. Yet such waivers should be on the radar screen of anyone interested in true reform. Appeal waivers are neither innocuous nor technical. They are ubiquitous, insidious, and stealthy weapons used by the government to strip individuals of fundamental protections against law enforcement's overreach. Until the state Legislature takes the necessary step of abolishing all appellate waivers, it should enact a simple fix to a single statute that would put a quick end to one of the worst abuses these waivers occasion—insulating police misconduct, predominantly perpetrated against Black and brown New Yorkers, from exposure through vital appellate review.

Guilty Pleas, Forfeiture, and Right to Appeal

To understand the iniquity this article addresses, the starting point is the guilty plea that the appeal waiver accompanies. When an individual pleads guilty, even without an appeal waiver, he or she automatically forfeits the constitutional rights and protections associated with going to trial (e.g., a jury's determination of guilt or innocence, confrontation, testifying in one's own behalf).