"This comprehensive and meticulously documented book fills a serious gap in available research on victim participation in plea bargaining. It provides a wide-ranging review and analysis including stakeholders' perspectives and related laws from Australia, New Zealand, the US and the UK. Its most significant contribution is the vivid account of victims' secondary victimization as they navigate this legal institution, prosecutors' approaches to victims and the disempowering impact that plea bargaining decision-making processes and outcomes have on victims."

Professor Edna Erez, Professor of Criminology, Law, and Justice, University of Illinois at Chicago
"Plea bargaining is the black box of criminal justice decision-making, hidden from the public and victims. In this important study of victims' reactions to plea bargaining, Freiberg and Flynn expertly prize open the plea bargaining box for victims by asking them about their experiences. Criminal justice systems worldwide have allowed efficiency to become their super paradigm. This book is a timely reminder about the importance of recognizing that victims are the proxy for the communities they serve and protect."
Professor Kathy Laster, Director, Sir Zelman Cowen Centre, Professor of Law, Victoria University, Melbourne, Australia

This book explores victim's 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 a major change in the role that victims play in the justice process with the vast majority of criminal cases resolve through guilty pleas, many resulting from plea negotiations. The extent to which the victim is one of the participating parties in the proceedings 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 the plea negotiation process. This book appeals to academics and 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.

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 published 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.

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.

Résumé
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 from negotiations 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 academics and 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
Acknowledgements2Table of contents3About the authors5List of abbreviations6Chapter 1: Victims and plea negotiations: overlooked and unimpressed7Abstract7Keywords7Introduction7Plea negotiations and guilty pleas9Victim participation10Some possible problems with more victim participation12Increasing the legal recognition of victims' rights13Public attitudes towards plea negotiations16Victims' views18The victims' study21Methodology21Focus group scenarios23Chapter 2: Informing and consulting victims about plea negotiations30Abstract30Keywords30Introduction30Legal provisions Information31Consultation33Legal provisions Consultation35Providing reasons for decisions37Victims' views39Chapter 3: The opportunity for victims to challenge plea negotiation decisions46Abstract46Keywords46Introduction46Complaints about plea negotiation decisions47Legal provisions48Victims' views50Review of plea negotiation decisions51Legal provisions53Victims' views53Chapter 4: Judicial involvement in plea negotiations57Abstract57Keywords57Introduction57Legal provisions59Victims' views60Chapter 5: Victim veto: the power to stop plea negotiations64Abstract64Keywords64Introduction64Victims' views65Chapter 6: Victim representation and plea negotiations68Abstract68Keywords68Introduction68Legal provisions70Victims' views70Chapter 7: Victims and plea negotiations: overlooked, under informed and under involved74Abstract74Keywords74Introduction74A trauma-informed, non-adversarial approach76Concluding thoughts78Appendix 180Appendix 285Index92