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Victim's Role in the American Administration of Criminal Justice - Some Developments and Findings (From Victim in International Perspective, P 397-402, 1982, Hans Joachim Schneider, ed. - See NCJ-86192)

NCJ Number
86215
Author(s)
W F McDonald
Date Published
1982
Length
6 pages
Annotation
This essay considers policy changes favoring an increase in the victim's involvement in the American administration of criminal justice, as well as some research findings bearing on this issue.
Abstract
The growth of the movement to give greater consideration to the needs and rights of crime victims has produced some policy changes. The U.S. Senate has passed reauthorization legislation for LEAA that includes a mandate for support for the greater involvement of victims in criminal justice decisionmaking. Further, in the American Bar Association's revised standards relating to pleas of guilty, prosecuting attorneys are directed to be advised of the attitudes and sentiment of victims before reaching a plea agreement. A significant policy change has also occurred in Indiana, where prosecutors are now required to inform crime victims that the prosecutors have entered into discussions with defense counsel or the court concerning sentence recommendations. In a Miami experiment where victims were invited to participate in plea negotiations, the presence of the victims in the sessions appeared to have minimal impact on the outcome of the case. In contrast to the Miami study where only one victim mentioned the maximum sentence, a sample of victims in a Detroit experiment had 46 percent who requested the maximum sentence. A survey of prosecutors sought their opinions on the involvement and influence of victims in the plea bargaining process. Results indicated that prosecutors do place value upon the attitudes and desires of the victims. Clearly, more research is required to determine how victims may become involved in criminal justice decisionmaking and the results of such participation. Eight references are listed.