Not Quite “Justice for All”: How Provisions of Victims’ Rights Legislation Can Harm Plea Negotiations

Undoubtedly, the history of our criminal justice system has been unkind to victims of crime. This demographic, if acknowledged at all, would historically sit in our nation’s courtrooms and watch as the criminal justice system happened to them. Congress fundamentally altered the role of victims in 2015 when it enacted a statute granting victims a plethora of new rights. Victims suddenly could confer with the state’s attorney and rely on protections from the government against the accused.

Interspersed within victims’ newfound rights is the right to be reasonably heard at any plea proceeding and the ability to reopen a plea if the defendant did not plead to the highest offense charged.