NCJ Number
120495
Date Published
1989
Length
101 pages
Annotation
The Law Reform Commission of Canada recommends that, through legislative controls, uniform guidelines, and judicial supervision, the process known as "plea bargaining" should be opened up, more closely regulated, and given a more neutral name of plea discussions and agreements.
Abstract
Traditionally, those favoring abolition of plea negotiations feel the process is degrading to and manipulative of the criminal justice system, while those favoring its retention justify the practice on grounds of economics and expediency. Using a national survey, the Commission found that an overwhelming majority of Canadians disapproved of plea negotiations, but that this disapproval diminished when various hypothetical situations involving more structured and open processes were presented. The recommendations, which require that plea agreements be disclosed in open court, would promote equality in prosecutorial treatment, discourage unfair negotiation practices, and discourage undue leniency. Limited judicial supervision would make the process more visible and the participants more accountable by ascertaining the accuracy of guilty pleas and ensuring informed decisions by the accused. In addition, the Commission suggests that prosecutors solicit and weigh the views of any victim prior to concluding a plea agreement in order to protect victims' rights and maintain public confidence. 370 footnotes, 2 appendixes.