Criminal Defense of Immigrants


§ 8.30 7. Protecting the Victim

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                The prosecution will normally claim that respecting the interests of the victim is an important consideration in plea bargaining.  The ABA Standards on the Prosecution Function, as well as the NDAA’s National Prosecution Standards, both recognize the importance of consideration of factors involving the character and situation of the defendant. 


                It is common for the “victim” to oppose deportation in some domestic violence cases, either on grounds of family reunification, the necessity to preserve a relationship between the offender and his or her children, the desirability of avoiding removal in order to ensure the receipt of payment of child and spousal support, or human compassion.  Some prosecutors have begun to realize that by insisting on a disposition that triggers deportation, they are revictimizing the victim and innocent children.