Victims and Plea Negotiations: Overlooked and Unimpressed

ISBN-13: 9783030613822 / Angielski / Twarda / 2020 / 139 str.

Arie Freiberg; Asher Flynn

Spis treści

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 7

Keywords 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

O autorze

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.

Blurb

“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.