Reference no: EM131521611

Question 1

One legal scholar has used the term __________ plea bargaining to refer to some strange concessions defendants agree to make as part of the prosecutor's decision to secure a guilty plea.

ad hoc

sentencing

extreme

extraordinary

Question 2

Which amendment's right to counsel applies during plea bargaining because charges have already been filed before bargaining commences?

Second

Sixth

Eighth

Fourth

Question 3

Which gives defendants the opportunity to engage in plea negotiations in exchange for giving up their right to a jury trial?

Jury omittance

Jury waiver

Jury selection

Jury exclusion

Question 4

Which of the following occurs when a defendant agrees to plead guilty in exchange for a less serious sentence?

Nolo contendere

Charge bargaining

Sentence bargaining

Plea acceptance

Question 5

In this case, the Court upheld the defendant's conviction under the habitual criminal statute on the theory that it resulted from a choice among known alternatives. The defendant had a "choice" to accept five years in prison and neglected to take the opportunity.

Edwards v. People

Bordenkircher v. Hayes

Napue v. Illinois

Brady v. United States

Question 6

Determine whether the following statements are for or against plea bargaining.

Argument for plea bargaining

Argument against plea bargaining
-A.B.  Helps the prosecutor dispose of a busy caseload
-A.B.  Contributes to courtroom inefficiency
-A.B.  Benefits the defendant by providing a reduction in charges and/or favorable sentencing recommendation
-A.B.  Decides the defendant's guilt without having a trial
-A.B.  Can coerce an innocent individual to plead guilty
-A.B.  Benefits the victim who does not wish to testify at trial
-A.B.  Saves on judicial resources by avoiding the costs of going to trial
-A.B.  Behooves the prosecutor to choose the most serious charge from which to begin bargaining

Question 7

State the steps in entering a guilty plea. What are the consequences of entering a guilty plea?

Your response should be at least 200 words in length.

Question 8

How did plea bargaining develop?

Your response should be at least 200 words in length.