Deck 12: Plea Bargaining and Guilty Pleas

Question 1

Approximately ________ percent of criminal convictions in the United States result from plea bargaining.

A) 50
B) 60
C) 70
D) 90

Answer 1

90

Question 2

Plea bargaining was addressed by the courts as early as:

A) 1804.
B) 1860.
C) 1899.
D) 1960.

Answer 2

1804.

Question 3

Attempts to restrict plea bargaining:

A) Have occurred throughout history.
B) Have rarely succeeded.
C) Have not been particularly common.
D) All of the above

Answer 3

All of the above

Question 4

Plea bargaining was ________ by the second half of the nineteenth century.

A) Rare
B) Banned
C) Commonplace
D) Excessive

Question 5

Which of the following is NOT an argument in support of plea bargaining?

A) Allows the prosecution to ?overcharge?
B) Allows defense to dispose of cases quickly
C) Saves judicial resources
D) Allows prosecution to deal with case backlog

Question 6

Which of the following is NOT an argument against plea bargaining?

A) Gives too much discretion to prosecutors
B) Undermines the integrity of the judicial system
C) Saves judicial resources
D) Most defendants plead guilty anyway

Question 7

Which of the following is a criticism of plea bargaining?

A) Gives too much discretion to prosecutors
B) Undermines the integrity of the judicial system
C) Most defendants plead guilty anyway
D) All of the above are criticisms of plea bargaining.

Question 8

A criticism of plea bargaining is that the prosecutor may:

A) Overcharge.
B) Undercharge.
C) Decide not to charge.
D) Turn the case back to police for further investigation.

Question 9

According to the Supreme Court, the defendant is protected by which constitutional amendment(s)during the plea bargaining process?

A) The Fourth
B) The Sixth
C) The Eighth
D) All of the above

Question 10

The Supreme Court has ________ the validity of plea bargaining.

A) Declined to decide on
B) Upheld
C) Challenged
D) None of the above

Question 11

Which of the following best describes the Supreme Court's view on plea bargaining?

A) The Court supports it unequivocally.
B) The Court supports it but requires that certain procedures be followed.
C) The Court disagrees with it.
D) The Court has not provided a view on plea bargaining.

Question 12

Which of the following can be considered impermissible inducements by the prosecution?

A) Prosecutor threatens the defendant with increased charges against a third party.
B) Prosecutor threatens the defendant with decreased charges against a third party.
C) Prosecutor flagrantly deceives the defendant.
D) All of the above

Question 13

Which of the following are examples of ad hoc plea bargaining?

A) Prosecutor offers reduction in sentence.
B) Prosecutor offers reduction in charges.
C) Accused is required to accept extraordinary condition of probation.
D) All of the above

Question 14

Plea bargaining can have which of the following effects on the defendant?

A) The defendant can face a reduced sentence.
B) The defendant can be forced to waive certain rights.
C) The defendant may be required to testify against a co-defendant.
D) All of the above

Question 15

Which of the following are rights commonly waived as a result of plea bargaining?

A) Right to trial by jury
B) Right to be free from unreasonable searches and seizures
C) Right to be free from excessive fines and punishment
D) All of the above

Question 16

Which of the following are requirements for a valid guilty plea?

A) It must be voluntary.
B) It must be intelligent.
C) It must be based in fact.
D) All of the above

Question 17

A guilty plea is ?intelligent? if it is:

A) Voluntary.
B) Based in fact.
C) Understood.
D) All of the above

Question 18

A guilty plea is ?understood? if the defendant understands:

A) The nature of the charge.
B) The possible sentence.
C) The possible rights waived.
D) All of the above

Question 19

For a guilty plea to be based in fact, it must be based on:

A) A court's finding of guilty.
B) Actual criminal conduct.
C) Criminal conduct for which the accused is charged.
D) Alleged criminal conduct without formal charge.

Question 20

If the defendant enters a plea of guilty, the trial judge may:

A) Refuse to accept the plea.
B) Accept the plea without advising the defendant of his or her rights.
C) Require the prosecution and defense plea bargain.
D) None of the above

Question 21

Reasons for a defendant's decision to contest a guilty plea include:

A) The plea was a product of coercion.
B) The prosecution fails to fulfill its obligations.
C) Law enforcement officials acted in an unconstitutional fashion.
D) All of the above

Question 22

The U.S. Supreme Court has not sanctioned plea bargaining.

Question 23

Plea bargaining supplants trial by jury.

Question 24

One of the earliest court decisions addressing plea bargaining was decided in 1804.

Question 25

Some critics of plea bargaining claim that the practice actually contributes to inefficiency in the administration of justice.

Question 26

The decision to accept a plea is decided by the court (judge).

Question 27

The Supreme Court disagrees with plea bargaining.

Question 28

Sentence bargaining is where the prosecution offers a reduction in charges.

Question 29

The rights available to defendants during plea bargaining are the same as those available to defendants in criminal trials.

Question 30

The prosecutor is bound by the plea agreement when the court accepts it.

Question 31

Plea bargaining has no effect on the defense attorney.

Question 32

Defendants who accept offers to plead guilty often face consequences besides a reduced charge or sentence.

Question 33

There is no requirement that guilty pleas be based in fact.

Question 34

For a guilty plea to be intelligent, the defendant must understand the nature of the charges, the possible sentences associated with the charges and the rights he or she may waive if a guilty plea is entered.

Question 35

There are a number of landmark Supreme Court cases that deal with the defendant's understanding of the possible sentences that could result from a plea bargain.

Question 36

For a plea bargain to be valid, the plea must result from conduct that has a basis in fact.

Question 37

Plea bargaining is ________ to the administration of justice.

Question 38

________ inducements are the offers prosecutors make during the bargaining process of plea agreements.

Question 39

There is no constitutional right for the defendant to be ________ during the plea bargaining process.

Question 40

A defendant retains the Sixth Amendment right to ________ during plea bargain negotiations.

Question 41

The term ad hoc plea bargaining to refer to some of the strange ________ that defendants agree to make as part of prosecutors' decisions to secure guilty pleas.

Question 42

Plea bargains ultimately impact: 1. the court, 2. the prosecution, 3. the defendant, and 4. the ________.

Question 43

The term used to describe actions by judges that influence the plea bargaining process is ________ inducement.

Question 44

In deciding whether to accept the plea bargain, the court weights the sometimes competing interests of the agreement and the ________ interest.

Question 45

For a guilty plea to be valid, it must be voluntary, knowing, and ________.

Question 46

The requirement that a guilty plea be free from coercion, threats, or physical abuse is known as the ________ requirement.

Question 47

Match the term with the type of inducement.

-Prosecutorial inducement

A) Offers made by the prosecution to the defendant.
B) A term used to describe some of the strange concessions that defendants agree to make as part of prosecutors' decisions to secure guilty pleas.
C) Statutes that offer incentives for pleading guilty.
D) When a judge offers something to the defendant in exchange for a guilty plea.

Question 48

Match the term with the type of inducement.

-Ad hoc plea bargaining

A) Offers made by the prosecution to the defendant.
B) A term used to describe some of the strange concessions that defendants agree to make as part of prosecutors' decisions to secure guilty pleas.
C) Statutes that offer incentives for pleading guilty.
D) When a judge offers something to the defendant in exchange for a guilty plea.

Question 49

Match the term with the type of inducement.

-Statutory inducement

A) Offers made by the prosecution to the defendant.
B) A term used to describe some of the strange concessions that defendants agree to make as part of prosecutors' decisions to secure guilty pleas.
C) Statutes that offer incentives for pleading guilty.
D) When a judge offers something to the defendant in exchange for a guilty plea.

Question 50

Match the term with the type of inducement.

-Judicial inducement

A) Offers made by the prosecution to the defendant.
B) A term used to describe some of the strange concessions that defendants agree to make as part of prosecutors' decisions to secure guilty pleas.
C) Statutes that offer incentives for pleading guilty.
D) When a judge offers something to the defendant in exchange for a guilty plea.

Question 51

Match the correct court case with the corresponding decision concerning guilty pleas.

-McCarthy v. United States

A) Failure to tell the defendant that deportation is a possible consequence of a guilty plea may result in a decision that such a plea is invalid.
B) ?Since respondent did not receive adequate notice of the offense to which he pleaded guilty, his plea was involuntary and the judgment of conviction was entered without due process of law.?
C) The Supreme Court held that it would be unconstitutional ?for the trial judge to accept [a] guilty plea without an affirmative showing that it is intelligent and voluntary.?
D) ?By personally interrogating the defendant, not only will the judge be better able to ascertain the plea's voluntariness, but he also will develop a more complete record to support his determination in a subsequent post-conviction attack…?

Question 52

Match the correct court case with the corresponding decision concerning guilty pleas.

-Henderson v. Morgan

A) Failure to tell the defendant that deportation is a possible consequence of a guilty plea may result in a decision that such a plea is invalid.
B) ?Since respondent did not receive adequate notice of the offense to which he pleaded guilty, his plea was involuntary and the judgment of conviction was entered without due process of law.?
C) The Supreme Court held that it would be unconstitutional ?for the trial judge to accept [a] guilty plea without an affirmative showing that it is intelligent and voluntary.?
D) ?By personally interrogating the defendant, not only will the judge be better able to ascertain the plea's voluntariness, but he also will develop a more complete record to support his determination in a subsequent post-conviction attack…?

Question 53

Match the correct court case with the corresponding decision concerning guilty pleas.

-Boykin v. Alabama

A) Failure to tell the defendant that deportation is a possible consequence of a guilty plea may result in a decision that such a plea is invalid.
B) ?Since respondent did not receive adequate notice of the offense to which he pleaded guilty, his plea was involuntary and the judgment of conviction was entered without due process of law.?
C) The Supreme Court held that it would be unconstitutional ?for the trial judge to accept [a] guilty plea without an affirmative showing that it is intelligent and voluntary.?
D) ?By personally interrogating the defendant, not only will the judge be better able to ascertain the plea's voluntariness, but he also will develop a more complete record to support his determination in a subsequent post-conviction attack…?

Question 54

Match the correct court case with the corresponding decision concerning guilty pleas.

-Padilla v. Kentucky

A) Failure to tell the defendant that deportation is a possible consequence of a guilty plea may result in a decision that such a plea is invalid.
B) ?Since respondent did not receive adequate notice of the offense to which he pleaded guilty, his plea was involuntary and the judgment of conviction was entered without due process of law.?
C) The Supreme Court held that it would be unconstitutional ?for the trial judge to accept [a] guilty plea without an affirmative showing that it is intelligent and voluntary.?
D) ?By personally interrogating the defendant, not only will the judge be better able to ascertain the plea's voluntariness, but he also will develop a more complete record to support his determination in a subsequent post-conviction attack…?

Question 55

Match the statement with whether it is an argument for plea bargaining or whether it is against plea bargaining.

-Helps the prosecutor dispose of a busy case load

A) Arguments against plea bargaining.
B) Arguments for plea bargaining.

Question 56

Match the statement with whether it is an argument for plea bargaining or whether it is against plea bargaining.

-Undermines the integrity of the justice system

A) Arguments against plea bargaining.
B) Arguments for plea bargaining.

Question 57

Match the statement with whether it is an argument for plea bargaining or whether it is against plea bargaining.

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

A) Arguments against plea bargaining.
B) Arguments for plea bargaining.

Question 58

Match the statement with whether it is an argument for plea bargaining or whether it is against plea bargaining.

-Allows the criminal to get away with his or her crime

A) Arguments against plea bargaining.
B) Arguments for plea bargaining.

Question 59

Summarize the arguments for and against plea bargaining.

Question 60

What constitutional rights does a criminal defendant retain in the plea bargaining process and which are forfeited in a guilty plea?

Question 61

What are the requirements for a guilty plea to be considered intelligent?

Question 62

Define and explain ad hoc plea bargaining? How do you feel about this type of plea bargaining and why?

Question 63

The text discusses the effects of plea bargaining on all the parties in the process. Which party do you feel benefits the most? Which one benefits the least from the process? Be sure to explain your answers.