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

Marie Manikis, “Recognizing Victims’ Role and Rights During Plea Bargaining: A Fair Deal for Victims of Crime” (2012) 58:3-4 Criminal Law Quarterly 411

31 Pages Posted: 16 Nov 2016

See all articles by Marie Manikis

Marie Manikis

McGill University - Faculty of Law

Date Written: November 14, 2012

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.

Suggested Citation

Manikis, Marie, Recognizing Victims' Role and Rights During Plea Bargaining: A Fair Deal for Victims of Crime (November 14, 2012). Marie Manikis, “Recognizing Victims’ Role and Rights During Plea Bargaining: A Fair Deal for Victims of Crime” (2012) 58:3-4 Criminal Law Quarterly 411, Available at SSRN: https://ssrn.com/abstract=2869377 or http://dx.doi.org/10.2139/ssrn.2869377

Marie Manikis (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

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