Competency to Waive Appeals
In: Encyclopedia of Psychology and Law
Competency to Waive Appeals
DOI: http://dx.doi.org/10.4135/9781412959537.n48
Subject: Psychology of Law
- Entry
- Reader's Guide
- Entries A-Z
- Subject Index
-
Appellate review of a felony conviction is a constitutional right. The validity of a relinquishment of this or any other constitutional right rests on whether the waiver is made knowingly, intelligently, and voluntarily. There are two distinct arenas where waivers of appeals are encountered: plea bargains in criminal cases and death-sentenced inmates “volunteering” for execution. Though waivers of appellate review in plea bargains are legally complex, they are not philosophically, ethically, or forensically problematic. This is largely because the defendant makes an election that, viewed from both subjective and external perspectives, is in his self-interest. A waiver of appellate review by a death-sentenced inmate, however, is fraught with philosophical and ethical dilemmas, as well as forensic evaluation ambiguities. This situation is compounded because the U.S. ...
-
-
- A
- B
- C
- D
- E
- F
- G
- H
- I
- J
- L
- M
- N
- O
- P
- R
- S
- T
- U
- V
- W
-
166709- Loading...
Similar content on SAGE Knowledge
Loading content...Keywords
Also from SAGE Publishing
- CQ Library American political resources opens in new tab
- Data Planet A universe of data opens in new tab
- Lean Library Increase the visibility of your library opens in new tab
- SAGE Journals World-class research journals opens in new tab
- SAGE Research Methods The ultimate methods library opens in new tab
- SAGE Stats Data on demand opens in new tab