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Criminal Law

: Grits for Breakfast

What role should crime victims play in plea bargains?

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Prosecutors represent the state, not crime victims, and they're charged with seeking justice, not convictions. But the Houston Press published a feature questioning whether prosecutors should be required to notify crime victims or get their sign-off before entering into a plea deal. The Harris County DA's Office says "There is no obligation to give advance notice to all victims of plea bargains," a policy which has the Mayor's crime victim advocate Andy Kahan hopping mad.There's a problematic conflation throughout the article of "victim's rights," which is a largely ephemeral, political idea, with legal rights of defendants accused by the state, which are enshrined in the US Constitution. The Press article is rife with examples of crime victims who say "their rights have been walked on," but those aren't legal rights, only theoretical ones the speakers think they should have...continue to full post

Full post as published by Grits for Breakfast on February 25, 2010 (boomark / email).

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