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Exam 12: Negotiated Justice and the Plea of Guilty

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Question 1

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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

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Question 2

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Most defendants plead guilty.

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Question 3

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Many courts require defendants to read and sign a _____ form before pleading guilty.

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.

A count bargain means

What is the most common explanation for plea bargaining?

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

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

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

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

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

With a "plea on the nose", a defendant

Some people within the court system are concerned that plea bargaining reduces the courthouse to a place where guilt or innocence is negotiated like prices in a flea market. Primarily, though, opposition to plea bargaining reflects different ideological preferences. What is particularly interesting is that civil libertarians as well as spokespersons for law and order see plea bargaining as a danger, but often for different reasons. -Which of the following is not one of the reasons supporters of the values of the due process model are concerned about plea bargaining?

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

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.

Some people within the court system are concerned that plea bargaining reduces the courthouse to a place where guilt or innocence is negotiated like prices in a flea market. Primarily, though, opposition to plea bargaining reflects different ideological preferences. What is particularly interesting is that civil libertarians as well as spokespersons for law and order see plea bargaining as a danger, but often for different reasons. -What do due process adherents advocate regarding plea bargaining?

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

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

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

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?