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

Abstract

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.

Victim participation in criminal justice: A quantitative systematic and critical literature review

“…When presented in the ‘language of rights’, victim participation remains both ‘novel’ (Tibori-Szabó and Hirst, 2017: 2) and ‘highly controversial’ (Pascoe and Manikis, 2020: 3, 5). The ‘righteous figure’ of the victim, it is argued, has served a punitive turn in criminal justice (Garland, 2000: 351) and their participation undermines ‘principles of rationality, consistency and objectivity’ (Edwards, 2004: 980).…”