NCJ Number
112060
Journal
Arizona Law Review Volume: 30 Issue: 1 Dated: (1988) Pages: 85-110
Date Published
1988
Length
26 pages
Annotation
A utilitarian analysis of the balance of the interests of the victim, the defendant, the prosecutor, and society in the charging decision indicate that the case for victim participation is a close one.
Abstract
The benefits of victim participation in charging include the victim's feeling of being part of the criminal justice process. In addition, public confidence is bolstered by knowledge of victim participation in the process. Detriments of participation are that the process is slowed and the possibility of inconsistency in charging decisions is increased. Any victim participation right must be formulated with these costs and benefits in mind. The main benefits of victim participation derive from the participation itself, rather than any impact on the substance of the charging decision. Therefore, the victim should be accorded the right to be heard, but not to determine decision substance. Such a policy would minimize both victim alienation and the potential for charging inconsistency. A defined victim consultation right also minimizes the time consumed; in jurisdictions where victims are granted a right to participate in plea bargaining and sentencing, the case for a right to participate in charging is strengthened in the name of consistency. 186 footnotes.