NCJ Number
90210
Date Published
1982
Length
25 pages
Annotation
This paper considers some aspects of the impact of plea negotiations on victims in Australia (particularly Victoria) and suggests greater involvement of victims in the process.
Abstract
In Victoria's higher court cases, victims are customarily viewed by prosecutors as complainants and key witnesses but not as parties of sufficient status in the criminal process to be consulted or informed about what is happening, let alone being given the opportunity for influential input in plea negotiations; however, victims may be consulted by prosecutors about plea negotiations on an ad hoc basis. Still, there is no policy on the matter, such that conceptually and practically the victim does not play a key role in plea negotiations. A victim will be consulted if his/her views are known and are perceived by the prosecutor as presenting a serious obstacle to the settlement of a case. Plea negotiations can have a number of impacts on the victim. When plea negotiations result in the withdrawal of charges or charging for a lesser offense, the victim may feel betrayed by the criminal justice system even to the extent of feeling that the system is more sensitive to the circumstances of the accused than to those of the victim. When plea negotiations result in the withdrawal of charges or a significant reduction in the charge, the victim may also be viewed by the public as having brought a false or frivolous complaint. Further, a reduction in the charge may result in the victim's being disqualified from receiving compensation under statutory terms. Clearly, the possible impact of plea negotiations on the crime victim warrants the involvement of the victim in the process. Exactly what that role should be and how it can be implemented should be explored. Sixty-eight footnotes are provided.