Victims and Plea Negotiations

This book explores victims' views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result fromnegotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims' voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academicsand students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

Draws on primary research to understand the prevalence and effects of plea negotiations which may account for up to 95% of cases in Western countries Outlines the changing role of victims in the criminal justice system Asks how can plea negotiations be reformed

Auteur

Arie Freiberg is Emeritus Professor at Monash University, Australia. He holds adjunct positions with the Sir Zelman Cowen Centre, Victoria University, Melbourne, and the Australia and New Zealand School of Government, and he has authored over 180 publications.
Asher Flynn is Associate Professor of Criminology at Monash University, Australia. She is a leading international researcher in policy and prevention concerning gendered and sexual violence, and AI and technology-facilitated abuse. Asher has published 6 books, including Plea Negotiations: Pragmatic Justice In An Imperfect World (2018) with Arie Freiberg.

Texte du rabat

This book explores victims views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result fromnegotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academicsand students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

Contenu

1. Introduction.- 2. Victims And Plea Negotiations: Overlooked And Unimpressed.- 3. Informing And Consulting Victims About Plea Negotiations.- 4. The Opportunity For Victims To Challenge Plea Negotiation Decisions.- 5. Judicial Involvement In Plea Negotiations.- 6. Victim Veto: The Power To Stop Plea Negotiations.- 7. Victim Representation And Plea Negotiations.- 8. Victims And Plea Negotiations: Overlooked, Under Informed And Under Involved.