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

    

   sentencing

    

   extreme

    

   extraordinary

Question 2

1. 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

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
   -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

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.