Victims and plea negotiations : overlooked and unimpressed

書誌事項

Victims and plea negotiations : overlooked and unimpressed

Arie Freiberg, Asher Flynn

(Palgrave studies in victims and victimology)

Palgrave Macmillan, c2021

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注記

Includes bibliographical references and index

内容説明・目次

内容説明

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.

目次

Acknowledgements 2Table of contents 3About the authors 5List of abbreviations 6Chapter 1: Victims and plea negotiations: overlooked and unimpressed 7Abstract 7Keywords 7Introduction 7Plea negotiations and guilty pleas 9Victim participation 10Some possible problems with more victim participation 12Increasing the legal recognition of victims' rights 13Public attitudes towards plea negotiations 16Victims' views 18The victims' study 21Methodology 21Focus group scenarios 23Chapter 2: Informing and consulting victims about plea negotiations 30Abstract 30Keywords 30Introduction 30Legal provisions - Information 31Consultation 33Legal provisions - Consultation 35Providing reasons for decisions 37Victims' views 39Chapter 3: The opportunity for victims to challenge plea negotiation decisions 46Abstract 46Keywords 46Introduction 46Complaints about plea negotiation decisions 47Legal provisions 48Victims' views 50Review of plea negotiation decisions 51Legal provisions 53Victims' views 53Chapter 4: Judicial involvement in plea negotiations 57Abstract 57Keywords 57Introduction 57Legal provisions 59Victims' views 60Chapter 5: Victim veto: the power to stop plea negotiations 64Abstract 64Keywords 64Introduction 64Victims' views 65Chapter 6: Victim representation and plea negotiations 68Abstract 68Keywords 68Introduction 68Legal provisions 70Victims' views 70Chapter 7: Victims and plea negotiations: overlooked, under informed and under involved 74Abstract 74Keywords 74Introduction 74A trauma-informed, non-adversarial approach 76Concluding thoughts 78Appendix 1 80Appendix 2 85Index 92

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