BCJ 3100 UNIT IV DISCUSSION BOARD QUESTION

Based on the quotes in the handout, “Moley’s Wisdom and Insight Regarding Plea Bargains,” develop a list of pros and cons of Moley’s points. Share your list. Which is better for “separating the guilty from the innocent:” plea bargains or trials?

BCJ 3100 VI ASSESMENT QUESTIONS 

QUESTION 1

  • In this case, the Court upheld the defendant’s conviction under the habitual criminal statute on the theory that it resulted from a choice among known alternatives. The defendant had a “choice” to accept five years in prison and neglected to take the opportunity.

Edwards v. People

Bordenkircher v. Hayes

Napue v. Illinois

Brady v. United States

QUESTION 2

  • Which gives defendants the opportunity to engage in plea negotiations in exchange for giving up their right to a jury trial?

Jury omittance

Jury waiver

Jury selection

Jury exclusion

QUESTION 3

  • Which of the following occurs when a defendant agrees to plead guilty in exchange for a less serious sentence?

Nolo contendere

Charge bargaining

Sentence bargaining

Plea acceptance

QUESTION 4

  • One legal scholar has used the term __________ plea bargaining to refer to some strange concessions defendants agree to make as part of the prosecutor’s decision to secure a guilty plea.

ad hoc

sentencing

extreme

extraordinary

QUESTION 5

  • Which amendment’s right to counsel applies during plea bargaining because charges have already been filed before bargaining commences?

Second

Sixth

Eighth

Fourth

QUESTION 6

  • Determine whether the following statements are for or against plea bargaining.     
    • Argument for plea bargaining
    • Argument against plea bargaining

– A. B. 

Helps the prosecutor dispose of a busy     caseload

– A. B. 

Contributes to courtroom inefficiency

– A. B. 

Benefits the defendant by providing a     reduction in charges and/or favorable sentencing recommendation

– A. B. 

Decides the defendant’s guilt without     having a trial

– A. B. 

Can coerce an innocent individual to plead     guilty

– A. B. 

Benefits the victim who does not wish to     testify at trial

– A. B. 

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

– A. B. 

Behooves the prosecutor to choose the most     serious charge from which to begin bargaining

QUESTION 7

  • State the steps in entering a guilty plea. What are the consequences of entering a guilty plea?

     Your response should be at least 200 words in length.

QUESTION 8

  • How did plea bargaining develop?

     Your response should be at least 200 words in length.

 
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