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Victims and Plea Negotiations

Part of the Palgrave Studies in Victims and Victimology Book Series

DOI: 10.1007/978-3-030-61383-9

ISBN: 978-3-030-61382-2

Publisher: Springer International Publishing - Springer Journals

Nov 3, 2020

Available

Victims and Plea Negotiations: Overlooked and Unimpressed

Freiberg, Arie; Flynn, Asher

Pages: 1 –35

[There have been major changes to the role of victims in the criminal justice system over the past 50 years. Despite these changes, in common law jurisdictions, victims do not have ‘party’ status, nor do they have the power to intervene in proceedings. This chapter discusses the changing role of...
Available

Informing and Consulting Victims About Plea Negotiations

Freiberg, Arie; Flynn, Asher

Pages: 37 –60

[Providing information about plea negotiations, both as a general practice and in relation to a victim’s specific case, is a very basic form of engagement with victims of crime. Research has identified a clear distinction between a victim being informed of, or told about, a decision, and being...
Available

The Opportunity for Victims to Challenge Plea Negotiation Decisions

Freiberg, Arie; Flynn, Asher

Pages: 61 –77

[Providing victims with the option to complain to a Victims of Crime Commissioner about a plea negotiation decision or the right to request an independent review of a plea negotiation decision raises issues of accountability, enforceability, fairness and transparency. This chapter considers...
Available

Judicial Involvement in Plea Negotiations

Freiberg, Arie; Flynn, Asher

Pages: 79 –89

[In Australia, judges are not directly involved in plea negotiations and generally have no power to review prosecution decisions regarding the nature or number of offences that the prosecution decides to proceed with. This chapter explores the notion of judicial involvement in plea negotiations....
Available

Victim Veto: The Power to Stop Plea Negotiations

Freiberg, Arie; Flynn, Asher

Pages: 91 –96

[Victims do not have the power to make determinant decisions in the criminal justice process. Once the police take carriage of the case, victims are often relegated the status of prosecutorial witness, with little input or participation in the decision-making processes that surround their case....
Available

Victim Representation and Plea Negotiations

Freiberg, Arie; Flynn, Asher

Pages: 97 –106

[There is an emergent body of research that considers the benefits of introducing legal representation for victims of crime throughout their criminal justice journey. In this chapter, we consider victims’ views on whether they desire legal or advisory representation in the criminal justice...
Available

Victims and Plea Negotiations: Overlooked, Under Informed and Under Involved

Freiberg, Arie; Flynn, Asher

Pages: 107 –116

[This final chapter brings together the key themes to emerge from this study on victims and plea negotiations. Some of the key themes discussed are specific to plea negotiations, but others mirror existing research exploring victim perspectives on the legal process more generally, which has found...

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