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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.

-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.

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