Public Trust and Plea Bargaining: Does Victim Involvement Make a Difference?

• In Event: Law, Courts, and Public Perspectives on Crime, Punishment, and Justice

Abstract

Trials protect the fundamental principles of fairness in the criminal justice system by ensuring transparency to the public. Despite this, 90-95% of Canadian criminal cases are decided through plea bargaining, where plea negotiations occur behind closed doors, hidden from public scrutiny. As a result, concerns are raised over the public perception of the practice. Poor public perception can result in the criminal justice system being viewed as illegitimate. Previous research has found that factors relating to the victim, the offender, and the crime have influenced the approval of plea deals. However, few studies have explored whether victim involvement during plea discussions can influence public perceptions of the practice. A factorial survey experiment of community members and Simon Fraser University undergraduate students examines the effects of victim involvement on public opinion of plea bargaining. The present study adds to the literature of plea bargaining by further examining the dynamics involved in shaping public approval of the practice. Practical implications of victim involvement will be discussed.

Authors

• Marcelo Sebastian Thomas Espinoza, Simon Fraser University

• David MacAlister, Simon Fraser University