CRI210H1 Chapter Notes - Chapter 14: Karla Homolka, Paul Bernardo
4 Aug 2022
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Cases charges stayed, withdrawn, dismissed, discharged. Most common reason for not proceeding to trial entry of guilty plea. Plea agreement agreement by accused to plead guilty + prosecutor agreeing to take/refrain from particular course of action. More appropriate than plea bargain no guarantee agreement ultimately carried in to effect by sentencing judge. Plea negotiations imbalance of power btw police & crown vs defendant. 1) nature of charges laid charge bargaining. 3) facts that crown may bring to attention of trial judge fact bargaining. Not to apply for finding that accused is dangerous offender/long term offender. Not mention circumstance of offence potential aggravating factor. The response of canadian judges to plea negotiations. Vital to efficient operations of criminal justice. W/out steady stream of guilty pleas system would collapse under weight of massive backlog of delayed trials. Martin task force devise remedies for serious crisis in ontario court system in early.
