The Gov't Tool You've Never Heard of That Conceals Police Misconduct
Today, more than ever, police misconduct must be exposed and condemned, but government-extracted appeal waivers not only strip individuals of their fundamental right to appellate review, but also shield police misconduct from the public eye.
September 18, 2020 at 10:00 AM
8 minute read
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.
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