Hunter v. United States · ¶97
Defendants can waive constitutional and statutory procedural rights. “A criminal defendant may knowingly and voluntarily waive many of the most fundamental protections afforded by the Constitution.” United States v. Mezzanatto, 513 U. S. 196, 201 (1995). They often waive such rights through plea agreements, which always entail waiving the constitutional rights to trial by jury, to confront one's accusers, and to avoid self-incrimination. See Boykin v. Ala bama, 395 U. S. 238, 243 (1969). If defendants can waive constitutional procedural rights, it has long followed that the “same principle, a fortiori, applies to a mere statutory or common-law right.” 1 J. Bishop, Commentaries on the Law of Criminal Procedure § 118, p. 71 (2d ed. 1872) (Bishop); see also People v. Rathbun, 21 Wend. 509, 542 (N. Y. Sup. Ct. 1839) (noting that because the “prisoner may even waive his right to a trial,” he…Read in context ›
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