Question 1

Plea bargaining was ruled unconstitutional by the U.S. Supreme Court but it is still practiced informally.

Accepted Answer

Plea bargaining was not ruled unconstitutional by the U.S. Supreme Court. In fact, the Supreme Court has upheld the practice of plea bargaining, and it remains a commonly used tool in the criminal justice system.

Question 2

Defendants must state that they made their pleas voluntarily in order for them to be accepted by a judge.

Accepted Answer

In the legal system, a plea must be made voluntarily, knowingly, and intelligently to be accepted by a judge, ensuring the defendant is not coerced or misled.

Question 3

Plea bargaining is also referred to as "copping out."

Accepted Answer

Plea bargaining is commonly known as "copping a plea" or "taking a plea deal," but it can also be referred to as "copping out."

Question 4

Plea bargaining continued to occur in Tennessee even after it was banned.

Accepted Answer

Plea bargaining is a common practice in the legal system, and even if banned, it may still occur informally or unofficially due to the complexities and practicalities of the judicial process.

Question 5

In a workgroup, the participants share the same duties and responsibilities.

Accepted Answer

In a workgroup, participants may have different duties and responsibilities based on their roles, skills, and the group's objectives.

Question 6

Plea bargaining between defense attorney and prosecutor usually occurs in one single meeting.

Accepted Answer

Plea bargaining is often a process that involves multiple meetings and negotiations before reaching an agreement.

Question 7

Plea bargaining benefits everyone involved, including the prosecutor.

Accepted Answer

Plea bargaining allows for the efficient resolution of cases and may result in a conviction for the defendant. This benefits the prosecutor by reducing the workload and increasing the certainty of a guilty plea or conviction.

Question 8

Plea bargaining has always been publicly acknowledged by the legal community.

Accepted Answer

Plea bargaining has not always been publicly acknowledged; it was once considered a somewhat secretive or less formal aspect of the legal process, and its widespread use and acceptance have evolved over time.

Question 9

Plea bargaining can occur even when the evidence against the suspect is strong.

Accepted Answer

Plea bargaining can occur regardless of the strength of the evidence, as it is a negotiation process between the defense and prosecution to reach a mutually agreeable resolution.

Question 10

The behavior of the defendant in the courtroom has no impact on how he or she is treated by the judge.  Courtrooms are fact-based environments.

Accepted Answer

The behavior of the defendant in the courtroom can impact how he or she is treated by the judge, as judges may take into account factors such as respect for the court and cooperation during the proceedings when making decisions. However, courtrooms are generally fact-based environments where decisions are based on evidence presented and legal arguments made.

Question 11

Some believe that plea bargaining is unethical because it results in longer sentences than would have been obtained at trial.

Accepted Answer

Plea bargaining typically results in shorter sentences than those that might be imposed if a defendant were found guilty at trial.

Question 12

A decision by the jury in a case concludes the trial process.

Accepted Answer

A decision by the jury, also known as a verdict, does not necessarily conclude the trial process. After a verdict, there can still be post-trial motions, appeals, and sentencing (in criminal cases), which are part of the trial process.

Question 13

Judges are part of the local legal culture.

Accepted Answer

Judges, as key figures in the legal system, are integral to the local legal culture, influencing and being influenced by the norms, practices, and values of the legal community in which they operate.

Question 14

Prosecutors are being "soft on crime" when they engage in plea bargains.

Accepted Answer

Plea bargains are a common and necessary part of the criminal justice system as they allow prosecutors to efficiently resolve cases and avoid the time and expense of a trial. However, some argue that plea bargains can lead to less accountability for defendants and less transparency in the criminal justice system. Regardless, plea bargaining is not indicative of prosecutors being "soft on crime."

Question 15

Values and norms do not affect the functioning of a courtroom.

Accepted Answer

Values and norms significantly influence courtroom proceedings, as they shape the behavior and decisions of judges, lawyers, and jurors, and guide the interpretation and application of laws.

Question 16

Defendants might have the option to choose a bench trial depending on the state in which they reside.

Accepted Answer

In the United States, the option for a defendant to choose a bench trial (trial by judge) instead of a jury trial can vary by state law and the specific circumstances of the case.

Question 17

Some defendants plead guilty even when they are innocent.

Accepted Answer

Some defendants may plead guilty due to various reasons such as pressure from law enforcement, fear of harsher punishment if found guilty at trial, lack of resources to mount a proper defense, etc.

Question 18

Prosecutors who purport to ban plea bargaining often do not acknowledge that exceptions exist and that charge bargaining and other negotiated resolutions continue to occur.

Accepted Answer

This statement is true. While some prosecutors may publicly state their opposition to plea bargaining, in practice there are often certain exceptions and other forms of negotiation that still take place between prosecutors and defendants.

Question 19

The substantial majority of cases go to trial.

Accepted Answer

Most cases are resolved through settlements, plea bargains, or dismissals before reaching trial.

Question 20

Trials are influenced by human processes.

Accepted Answer

Human processes, such as jurors' backgrounds and biases, witness testimonies, and legal procedures, can heavily influence the outcome of trials.

Quiz 11: Determination of Guilt Plea Bargaining and Trials