Victims and Plea Negotiations, 1st ed. 2021 Overlooked and Unimpressed Palgrave Studies in Victims and Victimology Series
Langue : Anglais
Auteurs : Freiberg Arie, Flynn Asher
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.
Acknowledgements 2
Table of contents 3
About the authors 5
List of abbreviations 6
Chapter 1: Victims and plea negotiations: overlooked and unimpressed 7
Abstract 7Keywords 7
Introduction 7
Plea negotiations and guilty pleas 9
Victim participation 10
Some possible problems with more victim participation 12
Increasing the legal recognition of victims’ rights 13
Public attitudes towards plea negotiations 16
Victims’ views 18
The victims’ study 21
Methodology 21
Focus group scenarios 23
Chapter 2: Informing and consulting victims about plea negotiations 30
Abstract 30
Keywords 30
Introduction 30
Legal provisions – Information 31
Consultation 33
Legal provisions – Consultation 35
Providing reasons for decisions 37
Victims’ views 39
Chapter 3: The opportunity for victims to challenge plea negotiation decisions 46
Abstract 46
Keywords 46
Introduction 46
Complaints about plea negotiation decisions 47
Legal provisions 48
Victims’ views 50
Review of plea negotiation decisions 51
Legal provisions 53
Victims’ views 53
Chapter 4: Judicial involvement in plea negotiations 57
Abstract 57
Keywords 57
Introduction 57
Legal provisions 59
Victims’ views 60
Chapter 5: Victim veto: the power to stop plea negotiations 64
Abstract 64
Keywords 64
Introduction 64
Victims’ views 65
Chapter 6: Victim representation and plea negotiations 68
Abstract 68
Keywords 68
Introduction 68
Legal provisions 70
Victims’ views 70
Chapter 7: Victims and plea negotiations: overlooked, under informed and under involved 74
Abstract 74
Keywords 74
Introduction 74
A trauma-informed, non-adversarial approach 76
Concluding thoughts 78
Appendix 1 80
Appendix 2 85
Index 92
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.
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
Date de parution : 11-2020
Ouvrage de 139 p.
14.8x21 cm
Disponible chez l'éditeur (délai d'approvisionnement : 15 jours).
Prix indicatif 63,29 €
Ajouter au panierThèmes de Victims and Plea Negotiations :
© 2024 LAVOISIER S.A.S.
