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This book explores key issues in relation to parole and public
opinion, including the relevance of public opinion to parole boards
decision-making and strategies for increasing public confidence in
parole. It presents the findings of semi-structured interviews with
80 members of parole authorities in 12 jurisdictions, across
Australia, New Zealand, Canada and Scotland. Unlike judicial
processes, which are open to the public, there is little awareness
of and research on the work of parole authorities. This book
therefore shines a light on a little-understood, but
hotly-contested, aspect of the criminal justice system.
Specifically, it explores differences across the study
jurisdictions and considers how parole authorities in the four
study countries view public attitudes, as well as the role of the
media in shaping public attitudes towards parole. The book also
considers whether public reaction matters for parole board
decision-making and the interplay between informing the public and
offender reintegration. It explores a range of strategies which may
improve public confidence in parole and therefore the criminal
justice system more broadly. This includes consideration of the
value, definition and possibility of public confidence. The authors
then discuss both passive forms, such as parole authority websites,
publication of decisions and social media, before examining active
forms of engagement, including an information/liaison officer,
roadshows and community fora.
This book explores victims' 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 major changes in both the role that victims
play in the justice process and in how the vast majority of
criminal cases are finalised. Guilty pleas have become the norm,
and many of these result from negotiations between the prosecutor
and the defence. The extent to which the victim is one of the
participating parties in plea negotiations however, 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 this legal 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.
Despite a popular view that trials are the focal point of the
criminal justice process, in reality, the most frequent way a
criminal matter resolves is not through a fiercely fought battle
between state and defendant, but instead through a process of
negotiation between the prosecution and defence, resulting in a
defendant pleading guilty in exchange for agreed concessions from
the prosecution. This book presents an original empirical
case-study of plea negotiations drawing upon interviews with legal
actors and an analysis of defence practitioner case files, to shine
light on the processes and ways in which an agreed outcome is
reached in criminal prosecutions, within the setting of a
jurisdiction, like many others world-wide, which is suffering major
shifts in state resources. Plea negotiations, also referred to as
"plea bargaining", "negotiated guilty pleas" and "negotiated
resolutions" are neither an alloyed benefit nor a detriment for
defendants, victims or the criminal justice system generally, and
like all compromises, this book shows how the perfect "justice"
outcome gives way to the good, or just the reasonably acceptable
justice outcome.
Public outcries and political platforms based on misinformation and
misconceptions about the criminal justice system and current
sentencing practice occur all too often in democratic societies.
Penal Populism, Sentencing Councils and Sentencing Policy attempts
to address this problem by bringing together important
contributions from a number of distinguished experts in the field.
Penal Populism presents theoretical perspectives on the role of the
public in the development of sentencing policy. It places
particular emphasis on the emerging role of sentencing commissions,
advisory councils or panels in a number of English speaking
countries: Australia, New Zealand, the United States, the United
Kingdom, Scotland and South Africa. The book explains, expands and
develops the existing literature that looks at public attitudes to
justice and the role that the 'public' can play in influencing
policy. Written in a scholarly yet accessible style, Penal Populism
asks the critical questions: should 'public opinion', or
preferably, 'public judgment' be relevant to court decision-making,
to institutional decision-making and to the political process? And
if so, how?
Public outcries and political platforms based on misinformation and
misconceptions about the criminal justice system and current
sentencing practice occur all too often in democratic societies.
Penal Populism, Sentencing Councils and Sentencing Policy attempts
to address this problem by bringing together important
contributions from a number of distinguished experts in the field.
Penal Populism presents theoretical perspectives on the role of the
public in the development of sentencing policy. It places
particular emphasis on the emerging role of sentencing commissions,
advisory councils or panels in a number of English speaking
countries: Australia, New Zealand, the United States, the United
Kingdom, Scotland and South Africa. The book explains, expands and
develops the existing literature that looks at public attitudes to
justice and the role that the 'public' can play in influencing
policy. Written in a scholarly yet accessible style, Penal Populism
asks the critical questions: should 'public opinion', or
preferably, 'public judgment' be relevant to court decision-making,
to institutional decision-making and to the political process? And
if so, how?
Despite a popular view that trials are the focal point of the
criminal justice process, in reality, the most frequent way a
criminal matter resolves is not through a fiercely fought battle
between state and defendant, but instead through a process of
negotiation between the prosecution and defence, resulting in a
defendant pleading guilty in exchange for agreed concessions from
the prosecution. This book presents an original empirical
case-study of plea negotiations drawing upon interviews with legal
actors and an analysis of defence practitioner case files, to shine
light on the processes and ways in which an agreed outcome is
reached in criminal prosecutions, within the setting of a
jurisdiction, like many others world-wide, which is suffering major
shifts in state resources. Plea negotiations, also referred to as
"plea bargaining", "negotiated guilty pleas" and "negotiated
resolutions" are neither an alloyed benefit nor a detriment for
defendants, victims or the criminal justice system generally, and
like all compromises, this book shows how the perfect "justice"
outcome gives way to the good, or just the reasonably acceptable
justice outcome.
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