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19632Waiving Societies Rights

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  • Legalbear
    Mar 26, 2014
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      Second, respondent argues that the IAD benefits not only the defendant but society generally, and that the defendant may not waive society's rights. It is true that a "right conferred on a private party, but affecting the public interest, may not be waived or released if such waiver or release contravenes the statutory policy. " Brooklyn Savings Bank v. O'Neil, 324 U. S. 697, 704 (1945) (emphasis added). The 117*117 conditional clause is essential, however: It is not true that any private right that also benefits society cannot be waived. In general, "[i]n an adversary system of criminal justice, the public interest in the administration of justice is protected by the participants in the litigation." Gannett Co. v. DePasquale, 443 U. S. 368, 383 (1979). We allow waiver of numerous constitutional protections for criminal defendants that also serve broader social interests. See, e. g., Adams v. United States ex rel. McCann, 317 U. S. 269, 275 (1942) (waiver of right to jury trial); Johnson, 304 U. S., at 464 (waiver of right to counsel). New York v. Hill, 528 US 110, 116-17 (2000).



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