Deck 12: Negotiated Justice and the Plea of Guilty

Question 1

What plea has the same consequences in criminal court as a guilty plea?

A)de jure
B)de facto
C)non compos mentos
D)nolo contendere

Answer 1

D

Question 2

If the defendant wants to enter an Alford plea, the judge

A)cannot lawfully accept it.
B)may accept the plea only if the defense attorney agrees.
C)may accept it only if there is a substantial evidence of guilt or a strong factual basis for the plea.
D)may accept it only if the defendant is not able to understand the meaning of factual guilt.

Answer 2

C

Question 3

An Alford plea is one in which the

A)defendant pleads on the nose.
B)defendant pleads guilty but maintains innocence.
C)prosecutor makes no sentence recommendation.
D)defendant denies that there has been a plea bargain.

Answer 3

B

Question 4

Most unexpected events at a trial work to the detriment of which member of the courtroom work group?

A)The defense attorney
B)The prosecutor
C)the judge
D)none of these members of the courtroom work group

Question 5

The main difference between a guilty plea and a no contest (nolo contendere) plea is that the latter

A)cannot be used in a civil proceeding against the defendant.
B)results only in a conditional conviction.
C)cannot be entered in felony cases.
D)cannot be entered by defendants charged with violent offenses.

Question 6

What is one of the major factors influencing bargaining and discretion?

A)lack of cooperation between members of the courtroom work group
B)the presumption of factual guilt
C)difficulties with defendants
D)the presumption of innocence

Question 7

In this type of plea agreement the defendant pleads guilty to a charge in the indictment in exchange for other charges in the indictment being dropped.

A)charge bargain
B)count bargain
C)reduction bargain
D)nolo contendere

Question 8

All members of the courtroom work group have a common interest in

A)collecting fees.
B)avoiding unnecessary trials.
C)appearing tough on crime.
D)reducing jail overcrowding.

Question 9

Which of the following is a key consideration for prosecutors when deciding whether to offer a defendant a plea deal?

A)a defendant's willingness to avoid incarceration
B)a victim's desire to have the case go to trial
C)the strength of the case
D)a defendant's willingness to testify in another case

Question 10

To gain a potential advantage in plea bargaining, prosecutors sometimes

A)deliberately overcharge.
B)waive grand jury review.
C)demand a preliminary hearing.
D)refuse to take Alford pleas.

Question 11

In Santobello v.N.Y., the U.S.Supreme Court ruled that what amendment's right to effective assistance of counsel applies during plea bargaining?

A)the Eighth Amendment.
B)the Fifth Amendment.
C)the Fourteenth Amendment.
D)the Sixth Amendment.

Question 12

A defendant's guilty plea must be

A)intelligent and voluntary.
B)exculpatory and sensate.
C)inculpatory and cognitive.
D)volitional and exculpatory.

Question 13

What is the primary benefit of a plea for a defendant?

A)going home
B)no jail time
C)a guaranteed lighter sentence
D)the possibility of a lenient sentence

Question 14

When agreeing in open court to a plea deal, a defendant agrees to waive the right to remain silent, the right to confront witnesses and what other right?

A)the right to a lawyer for an appeal
B)the right to confront witnesses
C)the right against excessive punishment.
D)the right to an interest in liberty.

Question 15

With a "plea on the nose", a defendant

A)pleads guilty to the original charge.
B)pleads guilty only to the top charge.
C)avoids later prosecution for possibly related offenses.
D)accepts the maximum sentence.

Question 16

A count bargain means

A)the defendant's top charge was reduced to something less severe.
B)the defendant agrees to plead guilty to fewer charges.
C)the defendant agrees to plead guilty in exchange for a lesser sentence.
D)the defendant gets one sentence for multiple charges, instead of consecutive sentences.

Question 17

A defendant who pleads guilty is generally required to read and sign what form?

A)A Boykin form
B)A Crockett form
C)A Reeves form
D)A Santobello form

Question 18

A defendant is charged with aggravated assault. The prosecutor will accept a plea to simple assault. This is an example of what kind of bargain?

A)count
B)charge
C)reduction
D)indictment

Question 19

Throughout a case, decisions on bail, indictment and screening are based on what knowledge?

A)most defendants are guilty
B)most defendants end up pleading
C)most defendants are innocent
D)most defendants go to trial

Question 20

The principal weakness of the excessive caseload hypothesis, in plea bargaining, is what assumption?

A)a purely mechanical process
B)a stagnant process
C)a dynamic process
D)a courtroom work group process

Question 21

Plea bargaining is arguably contrary to the concept of a(n)

A)presumption of guilt.
B)defendant's free will.
C)adversary system of justice
D)impartial judge.

Question 22

What is the most common explanation for plea bargaining?

A)too many cases.
B)poor police practices.
C)lack of evidence.
D)difficult defense attorneys.

Question 23

Why do judges engage in plea bargaining?

A)to move cases.
B)to gain leniency for the defendants.
C)to gain convictions.
D)None of these answers is correct.

Question 24

Why do defense attorneys engage in plea bargaining?

A)to move cases.
B)to gain leniency for the defendants.
C)to gain convictions.
D)None of these answers is correct.

Question 25

Advocates of abolishing plea bargaining ignore what reality of criminal courts?

A)in most cases, the participants do not substantially disagree over the facts.
B)in most cases, the defendants do not want a trial.
C)in most cases, the prosecutors are difficult to work with.
D)in most cases, the judges are difficult to work with.

Question 26

Considerable evidence shows that plea bargaining became a common practice in state courts sometime after

A)the Civil War
B)World War II
C)World War I
D)the Korean War

Question 27

The case of Boykin v.Alabama requires a judge to determine what?

A)whether the plea is knowing and voluntary
B)whether the defendant is guilty
C)what the sentence should be
D)the statutory maximum for the crime before accepting a plea

Question 28

Which of the following is not one of the reasons supporters of the values of the due process model are concerned about plea bargaining?

A)that plea bargaining undercuts the protections afforded individuals.
B)that plea bargaining may lead to the conviction of innocent defendants.
C)that plea bargaining produces few tangible benefits for defendants.
D)that plea bargaining degrades the human spirit.

Question 29

What do due process adherents advocate regarding plea bargaining?

A)abolishing bargaining and increasing the number of trials.
B)abolishing bargaining.
C)increasing the number of trials.
D)none of these answers is correct.

Question 30

What do adherents of the crime control model oppose plea bargaining?

A)they believe prosecutors are lazy
B)they believe judges are lazy
C)they believe defendants get off too lightly
D)they believe defendants are forced to give up constitutional rights.

Question 31

How many different types of plea agreements are there?

A)one
B)four
C)three
D)two

Question 32

In what case did the Court hold that a plea of guilty was more than an admission of guilt and also involved the waiver of important constitutional rights?

A)Boykin v.Alabama.
B)Santobello v.New York.
C)Lafler v.Cooper.
D)Missouri v.Frye.

Question 33

In what case did the Court hold that defendants' could withdraw a guilty plea if the prosecutor did not keep the promise made in the agreement?

A)Santobello v.New York
B)Alford v.North Carolina
C)Bordenkircher v.Hayes
D)Boykin v.Alabama

Question 34

In what hearing, does the defendant, in open court, admit to the conduct central to the criminality of crimes charged?

A)allocution
B)Boykin
C)disposition
D)sentencing

Question 35

In which of the following cases did the U.S.Supreme Court establish that the right to effective assistance of counsel extends to plea bargaining?

A)Iowa v.Tovar
B)United States v.Ruiz
C)Alabama v.Smith
D)Missouri v.Frye

Question 36

Defendants and their lawyers may opt for a trial if they think the case factually presents a reasonable doubt or

A)if the prison sentence will be high.
B)if the defendant is guilty.
C)they are likely to be convicted.
D)the judge in the case is known to be a soft touch.

Question 37

Discretion in the criminal justice system has been compared to what kind of process?

A)evolutionary process
B)constitutional process
C)debilitating process
D)hydraulic process

Question 38

Crime control advocates, crime victims, and conservatives criticize plea bargaining because they fear that

A)courts will become overloaded with cases.
B)the sentences will be too lenient.
C)defense attorneys will not aggressively protect their clients.
D)defense attorneys will collect excessive fees for doing little work.

Question 39

Why do prosecutors engage in plea bargaining?

A)to move cases.
B)to gain leniency for the defendants.
C)to gain convictions.
D)None of these answers is correct.

Question 40

Which of the following is true of "straight up" pleas?

A)they occur frequently
B)they never occur
C)there is no such thing
D)they occur rarely

Question 41

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

Question 42

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

Question 43

What case addresses the problem that Brown faces?

A)Santobello v.New York
B)Lafler v.Cooper
C)Boykin v.Alabama
D)Alabama v.Smith

Question 44

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.

Question 45

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

Question 46

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.

Question 47

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

Question 48

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

Question 49

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

Question 50

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.

Question 51

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

Question 52

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.

Question 53

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

A)charge bargaining.
B)count bargaining.
C)sentence bargaining
D)limit bargaining.

Question 54

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

A)the sentence will be upheld
B)the verdict will be overturned
C)the sentence would be vacated and the case would be remanded
D)the appeals court would overturn the verdict

Question 55

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

A)charge bargaining.
B)count bargaining.
C)sentence bargaining
D)limit bargaining.

Question 56

Three major factors influence bargaining and discretion.

Question 57

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

Question 58

What are the three most common types of plea bargains?

A)charge bargaining, count bargaining, and sentence bargaining.
B)charge bargaining, limit bargaining, and sentence bargaining
C)limit bargaining, count bargaining, and sentence bargaining
D)charge bargaining, count bargaining, and limit bargaining

Question 59

Judges engage in plea bargaining to move cases.

Question 60

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

Question 61

The 1973 National Advisory Council on Criminal Justice Standards and Goals recommended the abolition of plea bargaining.

Question 62

Defense attorneys engage in plea bargaining to get leniency for their clients.

Question 63

A guilty plea requires a defendant's waiver of a number of important rights.

Question 64

Supporters of the Due Process Model worry that plea bargaining may undercut protections afforded individuals in our adversary system.

Question 65

In _____ bargaining the prosecutor allows the defendant to plead guilty to a less serious charge than the one originally filed.

Question 66

Judges like Alford plea agreements because the defendant admits guilt on the record, in open court, and bears responsibility for his or her wrongdoing.

Question 67

A defendant must _____ waive his or her constitutional rights before a plea of guilty is accepted.

Question 68

A nolo contendere plea has all the same criminal and civil consequences as a guilty plea.

Question 69

Once entered, a guilty plea pursuant to a plea bargain can never be withdrawn.

Question 70

Supporters of the Crime Control Model worry that plea bargaining results in excessively lenient sentences.

Question 71

Most defendants plead guilty.

Question 72

A common form of a plea agreement is called _____ bargaining. A plea of guilty is entered in exchange for leniency in sentencing.

Question 73

The jury trial _____ is a theory that defendants who demand a jury trial will receive extra punishment if convicted because they did not agree to enter a guilty plea.

Question 74

Trials are a _____ and time-consuming means of establishing guilt.

Question 75

_____ can best be defined as the process through which a defendant pleads guilty to a criminal charge with the expectation of receiving some benefit from the state.

Question 76

In _____ bargaining, in return for the defendant's plea of guilt to one or more charges, the prosecutor dismisses the remaining charges.

Question 77

In a sentence bargain, the defendant pleads guilty in anticipation of reduced charges.

Question 78

To a prosecutor, a plea bargain represents the certainty of _____ without the risks of trial.

Question 79

A plea of _____ is the criminal equivalent of a guilty plea.

Question 80

Defendants and their lawyers will opt for a _____ if they think the prison sentence will be high.