Question 1

There is no research supporting the existence of a jury trial penalty.

Accepted Answer

Research has shown that defendants who choose to go to trial rather than accept a plea bargain often face harsher sentences if convicted, which is referred to as the "trial penalty." This phenomenon is well-documented and suggests that defendants who exercise their right to a jury trial can be penalized for doing so.

Question 2

Judges engage in plea bargaining to move cases.

Accepted Answer

The answer of Judges engage in plea bargaining to move...

Question 3

Plea bargaining did not become well established in the U.S.until the 1960s.

Accepted Answer

The answer of Plea bargaining did not become well established...

Question 4

The overwhelming majority of all state and federal felony convictions are obtained as a result of a defendant entering a negotiated plea of guilt.

Accepted Answer

According to statistics, more than 90% of all criminal cases in the US end in plea bargains.

Question 5

Even though a judge or jury is not likely to return a verdict of not guilty, the defendant may still decide that the slim possibility of acquittal is worth the risk of the trial penalty.

Accepted Answer

The statement is true.

Question 6

The prosecutor proceeds from a position of strength in plea bargaining.

Accepted Answer

The prosecutor typically has the power to offer more lenient plea deals or harsher consequences depending on the strength of their case, giving them an advantage in negotiations.

Question 7

In Boykin, the Court held that a plea of guilty was more than an admission of guilt and also involved the waiver of important constitutional rights.

Accepted Answer

This is the holding of the Supreme Court in Boykin v. Alabama (1969).

Question 8

Researchers consistently find that jurisdictions with larger caseloads have higher rates of plea bargaining than jurisdictions with smaller caseloads.

Accepted Answer

The answer of Researchers consistently find that jurisdictions with larger...

Question 9

Based on previous cases, what would the most likely result be if Brown appeals his case?

Accepted Answer

Based on previous cases, a sentence may be vacated and the case remanded for a new trial or resentencing, but it is less likely for the verdict to be overturned entirely. Therefore, the most likely result if Brown appeals his case would be that the sentence would be vacated and the case remanded.

Question 10

Defendants will opt for a trial if a prison sentence may be high.

Accepted Answer

Defendants may opt for a trial if they believe that a plea deal or settlement may result in a long prison sentence. By going to trial, they hope to convince the jury or judge to give a more favorable outcome.

Question 11

Sentences for defendant's who are found guilty after trial are generally less severe than the expected sentence for the same offense after a guilty plea.

Accepted Answer

Sentencing for defendants who are found guilty after trial can be more severe than the expected sentence for the same offense after a guilty plea. This is because judges may view a defendant who pleads guilty as accepting responsibility for their actions and may offer a more lenient sentence as a result. In contrast, a defendant who goes to trial and is found guilty may be viewed as having taken up more of the court's time and resources, and may be given a harsher sentence as a result.

Question 12

A victim's preference for a trial is among the most important factors that a prosecutor considers when deciding whether to offer a defendant a plea bargain.

Accepted Answer

While a victim's preference can influence a prosecutor's decision, the most important factors typically include the strength of the case, the severity of the offense, legal precedents, and the interests of justice, rather than solely the victim's preference for a trial.

Question 13

When the prosecutor allows the defendant to plead guilty to one charge and dismisses the rest this is called

Accepted Answer

Count bargaining is when the prosecutor allows the defendant to plead guilty to one charge and dismisses the rest. Charge bargaining refers to reducing a criminal charge to a lesser offense, while sentence bargaining involves negotiating a specific sentence. Limit bargaining is not a commonly used term in plea bargaining practices.

Question 14

Three major factors influence bargaining and discretion.

Accepted Answer

Bargaining and discretion are influenced by various factors such as the negotiating power of parties, legal framework, and cultural context. These factors can have a significant impact on the bargaining process and the level of discretion exercised by the parties involved.

Question 15

In the courtroom work group, the judge generally knows less about the case than the attorneys.

Accepted Answer

The judge's role is to apply the law and make rulings based on the evidence and arguments presented by the attorneys. The attorneys are responsible for presenting the facts and legal arguments of their respective clients, so they typically have a more detailed understanding of the case.

Question 16

What case addresses the problem that Brown faces?

Accepted Answer

The answer of What case addresses the problem that Brown...

Question 17

What are the three most common types of plea bargains?

Accepted Answer

Charge bargaining, count bargaining, and sentence bargaining are the three most common types of plea bargains. Charge bargaining involves negotiating for a lesser charge, count bargaining involves reducing the number of charges, and sentence bargaining involves negotiating for a lighter sentence.

Question 18

Murder, rape, and robbery defendants are less likely to plead guilty than those charged with less serious offenses.

Accepted Answer

Defendants charged with more serious offenses may be more inclined to go to trial and seek a not guilty verdict, rather than plead guilty and face harsher penalties.

Question 19

When the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed this is called

Accepted Answer

Charge bargaining is a common plea bargaining strategy where the prosecutor offers the defendant the opportunity to plead guilty to a lesser charge in exchange for dismissing more serious charges or reducing the sentence. This strategy is often used to avoid a lengthy trial and secure a conviction while still allowing the defendant to receive a reduced penalty. Count bargaining refers to reducing the number of charges filed against the defendant, sentence bargaining refers to negotiating the length or nature of the punishment, and limit bargaining is not a commonly recognized term in the field of criminal justice.

Question 20

Bargaining is possible because each of the legal actors in the courtroom work group understands the realities of law in action.

Accepted Answer

Bargaining in the courtroom relies on the understanding of the legal actors involved in the process, including judges, prosecutors, defense attorneys, and defendants. They are all familiar with the practicalities and limitations of the legal system, which enables them to negotiate and reach agreements through plea bargaining.

Quiz 12: Negotiated Justice and the Plea of Guilty