Recognizing Victims' Role and Rights During Plea Bargaining: A Fair Deal for Victims of Crime

Abstract

In Canada, as with other common law jurisdictions, plea-bargaining is considered a legitimate and necessary practice for the effective functioning of the criminal justice system. This article addresses a specific type of agreement that may be made between parties as a result of plea bargaining: sentence bargaining, or promises relating to the nature of the charges to be laid. Since plea negotiations often result in joint sentencing submissions accepted by courts without the need for a trial, a careful balance must be reached between the state's goals, the defendant's constitutional right to reasonable delays, and ensuring that victims' legitimate interests are considered. Through a comparison between the Canadian and American experiences, this article proposes a framework that recognizes victims' interests and increases transparency within the process while balancing the system's need for efficiency, proportionality, and respecting the defendants' rights.