Recognizing Victims' Role and Rights During Plea Bargaining: A Fair Deal for Victims of Crime

Author(s):  
Marie Manikis
2015 ◽  
pp. 89-108 ◽  
Author(s):  
A. Kazun

The article analyzes social and economic factors that provide Russian attorneys an opportunity to compensate the institutional weakness of their profession, to protect the independency and effectively defend the interests of the clients. As an indicator of dependent position of attorney we use the proportion of cases with plea bargaining. Using the date of representative nationwide survey of 3317 attorneys in Russia we conclude that the independence of attorney is associated with‘resources for confrontation’: previous experience, client’s demand for legal services, communication with colleagues and membership in professional associations.


2019 ◽  
Vol 25 (2) ◽  
pp. 122-127
Author(s):  
Dobrinka Chankova ◽  
Gergana Georgieva

Abstract This study explores the latest developments on the European scale of the policies and practices towards victims of crime. Due to many economic and political factors a lot of people are in movement and exposed to the risk of becoming victims of crime. During the last decade the statistics already records enhanced victimization of the global European society. These have provoked numerous legislative actions and practical initiatives in order to ensure safety, to prevent falling victims to crime and to protect better victim’s rights and needs. The European Protection Order Directive, Victims’ Directive and Convention against domestic violence, are among the most advanced legal acts worldwide. However, it is observed that their implementation in Europe is asymmetric and sometimes problematic. This paper explores the role of the national governments and specialized agencies and mainly the deficits in their activities leading to the non-usage of victims of all the existing opportunities. The newest supra-national acts aiming at the acceleration of transposition and ratification of these important for the building of victim-friendly environment documents, are discussed. Practical recommendations for a more effective victim protection are developed.


2019 ◽  
Vol 34 (1) ◽  
Author(s):  
Jamil Mujuzi

South African law provides for circumstances in which victims of crime may participate in the criminal justice system at the investigation, prosecution (trial), sentencing and parole stages. In South Africa, a prison inmate has no right to parole although the courts have held that they have a right to be considered for parole. In some cases, the victims of crime have a right to make submissions to the Parole Board about whether the offender should be released on parole. Section 299A of the Criminal Procedure Act 51 of 1977 provides for the right of victims of crime to participate in parole proceedings. The purpose of this article is to discuss section 299A and illustrate ways in which victims of crime participate in the parole process. The author also recommends ways in which victims’ rights in section 299A of the Criminal Procedure Act could be strengthened.


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