Plea Bargaining

Description: Plea Bargaining Quiz
Number of Questions: 15
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Tags: criminal law plea bargaining
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What is plea bargaining?

  1. A process in which a defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence.

  2. A process in which a defendant agrees to plead guilty to a more serious charge in exchange for a more lenient sentence.

  3. A process in which a defendant agrees to plead guilty to a crime in exchange for the prosecutor dropping other charges.

  4. A process in which a defendant agrees to plead guilty to a crime in exchange for the prosecutor recommending a specific sentence.


Correct Option: A
Explanation:

Plea bargaining is a process in which a defendant agrees to plead guilty to a lesser charge in exchange for a more lenient sentence. This is done to avoid the risk of a trial and the possibility of a more severe sentence.

What are the benefits of plea bargaining?

  1. It saves time and money.

  2. It reduces the risk of a trial.

  3. It allows the defendant to avoid the possibility of a more severe sentence.

  4. All of the above.


Correct Option: D
Explanation:

Plea bargaining has several benefits, including saving time and money, reducing the risk of a trial, and allowing the defendant to avoid the possibility of a more severe sentence.

What are the drawbacks of plea bargaining?

  1. It can lead to innocent people pleading guilty.

  2. It can result in defendants receiving harsher sentences than they would have received at trial.

  3. It can undermine the public's confidence in the criminal justice system.

  4. All of the above.


Correct Option: D
Explanation:

Plea bargaining has several drawbacks, including the possibility of innocent people pleading guilty, the risk of defendants receiving harsher sentences than they would have received at trial, and the potential to undermine the public's confidence in the criminal justice system.

What are the ethical considerations of plea bargaining?

  1. The prosecutor has a duty to disclose all evidence to the defendant.

  2. The defense attorney has a duty to advise the defendant of all of their rights.

  3. The judge has a duty to ensure that the plea is knowing and voluntary.

  4. All of the above.


Correct Option: D
Explanation:

There are several ethical considerations associated with plea bargaining, including the prosecutor's duty to disclose all evidence to the defendant, the defense attorney's duty to advise the defendant of all of their rights, and the judge's duty to ensure that the plea is knowing and voluntary.

What are the legal requirements for a valid plea bargain?

  1. The plea must be knowing and voluntary.

  2. The defendant must be represented by an attorney.

  3. The plea must be entered into in open court.

  4. All of the above.


Correct Option: D
Explanation:

There are several legal requirements for a valid plea bargain, including the requirement that the plea be knowing and voluntary, that the defendant be represented by an attorney, and that the plea be entered into in open court.

What is the role of the judge in plea bargaining?

  1. To ensure that the plea is knowing and voluntary.

  2. To approve or reject the plea agreement.

  3. To impose the sentence.

  4. All of the above.


Correct Option: D
Explanation:

The judge plays a critical role in plea bargaining, as they are responsible for ensuring that the plea is knowing and voluntary, approving or rejecting the plea agreement, and imposing the sentence.

What is the role of the prosecutor in plea bargaining?

  1. To negotiate the plea agreement with the defense attorney.

  2. To present the evidence against the defendant at trial.

  3. To recommend a sentence to the judge.

  4. All of the above.


Correct Option: D
Explanation:

The prosecutor plays a key role in plea bargaining, as they are responsible for negotiating the plea agreement with the defense attorney, presenting the evidence against the defendant at trial, and recommending a sentence to the judge.

What is the role of the defense attorney in plea bargaining?

  1. To advise the defendant of their rights.

  2. To negotiate the plea agreement with the prosecutor.

  3. To represent the defendant at trial.

  4. All of the above.


Correct Option: D
Explanation:

The defense attorney plays a vital role in plea bargaining, as they are responsible for advising the defendant of their rights, negotiating the plea agreement with the prosecutor, and representing the defendant at trial.

What are the different types of plea bargains?

  1. Straight plea.

  2. Alford plea.

  3. Nolo contendere plea.

  4. All of the above.


Correct Option: D
Explanation:

There are several different types of plea bargains, including the straight plea, the Alford plea, and the nolo contendere plea.

What is a straight plea?

  1. A plea in which the defendant admits guilt to the charges against them.

  2. A plea in which the defendant does not admit guilt, but agrees to be sentenced as if they had.

  3. A plea in which the defendant contests the charges against them.

  4. None of the above.


Correct Option: A
Explanation:

A straight plea is a plea in which the defendant admits guilt to the charges against them.

What is an Alford plea?

  1. A plea in which the defendant does not admit guilt, but agrees to be sentenced as if they had.

  2. A plea in which the defendant admits guilt to the charges against them.

  3. A plea in which the defendant contests the charges against them.

  4. None of the above.


Correct Option: A
Explanation:

An Alford plea is a plea in which the defendant does not admit guilt, but agrees to be sentenced as if they had.

What is a nolo contendere plea?

  1. A plea in which the defendant does not admit guilt, but agrees to be sentenced as if they had.

  2. A plea in which the defendant admits guilt to the charges against them.

  3. A plea in which the defendant contests the charges against them.

  4. None of the above.


Correct Option: A
Explanation:

A nolo contendere plea is a plea in which the defendant does not admit guilt, but agrees to be sentenced as if they had.

What is the difference between a straight plea and an Alford plea?

  1. In a straight plea, the defendant admits guilt, while in an Alford plea, the defendant does not admit guilt.

  2. In a straight plea, the defendant is sentenced as if they had admitted guilt, while in an Alford plea, the defendant is not sentenced as if they had admitted guilt.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

The difference between a straight plea and an Alford plea is that in a straight plea, the defendant admits guilt, while in an Alford plea, the defendant does not admit guilt. Additionally, in a straight plea, the defendant is sentenced as if they had admitted guilt, while in an Alford plea, the defendant is not sentenced as if they had admitted guilt.

What is the difference between an Alford plea and a nolo contendere plea?

  1. In an Alford plea, the defendant does not admit guilt, but agrees to be sentenced as if they had, while in a nolo contendere plea, the defendant does not admit guilt and is not sentenced as if they had.

  2. In an Alford plea, the defendant is sentenced as if they had admitted guilt, while in a nolo contendere plea, the defendant is not sentenced as if they had admitted guilt.

  3. Both of the above.

  4. None of the above.


Correct Option: C
Explanation:

The difference between an Alford plea and a nolo contendere plea is that in an Alford plea, the defendant does not admit guilt, but agrees to be sentenced as if they had, while in a nolo contendere plea, the defendant does not admit guilt and is not sentenced as if they had. Additionally, in an Alford plea, the defendant is sentenced as if they had admitted guilt, while in a nolo contendere plea, the defendant is not sentenced as if they had admitted guilt.

What are the consequences of entering a plea bargain?

  1. The defendant may be sentenced to a lesser sentence.

  2. The defendant may be required to pay restitution to the victim.

  3. The defendant may be required to serve probation or community service.

  4. All of the above.


Correct Option: D
Explanation:

The consequences of entering a plea bargain may include the defendant being sentenced to a lesser sentence, being required to pay restitution to the victim, and being required to serve probation or community service.

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