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

A) True
B) False

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

A) True
B) False

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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.

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

A) True
B) False

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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.

E) A) and D)
F) None of the above

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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.

E) A) and C)
F) B) and D)

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

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

A) True
B) False

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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.

A) True
B) False

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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.

E) A) and B)
F) A) and C)

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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

E) B) and C)
F) A) and C)

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

A) True
B) False

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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.

C) A) and B)
D) undefined

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

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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…?

E) B) and C)
F) A) and B)

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B

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…?

E) C) and D)
F) A) and B)

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

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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.

C) A) and B)
D) undefined

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A

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

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Good answers will focus on the extraordinary concessions that defendants accept as part of prosecutor's plea offers. Such concessions include: special terms of probation, defendants agreeing to perform special acts (e.g., testifying in codefendants' trials., unauthorized punishments, state agreeing to an unauthorized benefit (e.g., sealing the record., and pleading to a crime unrelated to the charges offense. Students' position should be supported in light of the purposes of plea bargaining and whether ʺ ad hocʺ bargaining furthers those purposes.

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

A) True
B) False

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