Książki

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.

Victims and Plea Negotiations: Overlooked and Unimpressed

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