Source: (2007) Marquette Law Review 91:323ff
“Change has been most apparent at the sentencing phase, where victim impact statements have become commonplace.
… Part III proposes the use of advisory prosecutorial guidelines as a means to strengthen the consultation requirement
and otherwise enhance perceived procedural justice. … Victim voice plays a crucial role in the procedural
justice model, and voice opportunities may convey important information to prosecutors before a plea deal is agreed to
and acquires what may be unstoppable momentum. … When these expectations go unfulfilled, as they usually do, victim
dissatisfaction increases, not just with the sentencing process but with the criminal justice system as a whole. …
Alternatively, with less likelihood of a misunderstanding of the prosecutor’s role and likely outcome, guidelines may
make it easier and more appropriate for consultation to occur through a specialized victim coordinator. … Thus, prosecutors
may further procedural justice ends by employing guidelines that are built around objective offense and offender
characteristics, as in my sample robbery guideline. … By contrast, as they reduce plea bargaining practices to publicly
available guidelines, politically minded prosecutors will doubtlessly err on the side of harshness and may grow quite
reluctant to show lenience on a case-by-case basis against the backdrop of clear norms of severity.” (Excerpt from Author)
Your donation helps Prison Fellowship International repair the harm caused by crime by emphasizing accountability, forgiveness, and making amends for prisoners and those affected by their actions. When victims, offenders, and community members meet to decide how to do that, the results are transformational.
Donate Now