Making sense of the victim's role in clemency decision making

This article discusses victim engagement with the executive clemency process from a normative perspective. The authors' aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound th...

Full description

Saved in:  
Bibliographic Details
Main Author: Pascoe, Daniel (Author)
Contributors: Manikis, Marie
Format: Electronic Article
Language:English
Published: 2020
In: International review of victimology
Online Access: Volltext (Resolving-System)
Journals Online & Print:
Drawer...
Check availability: HBZ Gateway
Keywords:
Clemency
Commutation
Pardon
Participation
Procedural rights
Substantive rights
Victims
Description
Summary:This article discusses victim engagement with the executive clemency process from a normative perspective. The authors' aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound theoretical basis. The article brings together the academic literatures on victim participation and clemency functionality in order to ground the analysis. In brief, the authors' main finding is that victim involvement in clemency decision making can indeed be supported by the theoretical literature, albeit to a more limited extent than is currently practised in some common law jurisdictions. In light of the theoretical underpinnings of clemency in democratic societies and the literature on victim participation, the authors conclude by making several ‘best practice' recommendations for future policy-making.
ISSN:2047-9433
DOI:10.1177/0269758018805567