CRI210H1 Chapter Notes - Chapter 14: Karla Homolka
17 Dec 2016
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Roberts Ch.14 Plea Bargaining
• Only small minority of criminal cases in Canada proceed to a trail
• Plea bargaining has been one of the most controversial but least understood practices
• Describes a broad range of behaviours that may over among actors in the criminal court
system
• One of the most useful definitions: an agreement by the accused to plead guilty in return for
the prosecutor’s agreeing to take or refrain from taking a particular course of action
• The term plea agreement is more appropriate than plea bargaining because there is no
guarantee that any agreement will ultimately be carried into effect by the sentence judge, who
isn't bound by any promises made by the Crown to the defence
• Some researchers found the term plea negotiations is particular appropriate given the realities
of the criminal justice process
• It is feasible for the Crown and the defence counsel to enter into plea agreement
• Promises that may be made by Crown counsel fall into three overlapping categories:
• 1) Promises relating to the nature of the charges to be laid (charge bargaining)
• 2) Those relating to the ultimate sentence that may be mete out by the Court
(sentence bargaining)
• 3) Those relating to the facts that the Crown may bring to the attention of the trial
judge (fact bargaining)
The Response of Canadian Judges to Plea Negotiations
• In 1995, the Supreme Court of Canada roundly endorsed the view that plea bargaining was
indispensable to the functioning of the Canadian criminal justice system
• There is little doubt that the tolerance stance adopted by the Supreme Court of Canada
towards the practice of plea negotiations was firmly embraced by the appellate and trial courts
• Why have the courts been willing in more recent years to accept legitimacy of so-called plea
bargaining?
• There is perception among many judges and prosectors that without a steady stream
of guilty pleas, the criminal court system would collapse under the weight of a
massive backlog of delayed trials
•
alleviates the workload of prosecutors, reduces the need for judicial resources and
courtroom facilities and decreases all other expenses necessitated by a trial
• Martin Task Force: plea bargaining was no longer a dirty secret hidden in the corridors of the
courtroom but was now openly facilitated in the judges office
• In the notorious case of Karla Homolka:
• The Crown took the view that it was necessary to offer this plea bargain to Homolka,
who was considered a willing accomplice to the killings of Kristen
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