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Unit 6 Assessment

Question 1

  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







Question 2

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









Question 3

  1. 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

  1. 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

  1. 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

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

    1. Argument for plea bargaining
    2. Argument against plea bargaining

    Helps the prosecutor dispose of a busy caseload


    Contributes to courtroom inefficiency


    Benefits the defendant by providing a reduction in charges and/or favorable sentencing recommendation


    Decides the defendant’s guilt without having a trial


    Can coerce an innocent individual to plead guilty


    Benefits the victim who does not wish to testify at trial


    Saves on judicial resources by avoiding the costs of going to trial


    Behooves the prosecutor to choose the most serious charge from which to begin bargaining

Question 7

  1. 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

  1. How did plea bargaining develop? Your response should be at least 200 words in length.

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