BCJ3100 Columbia Southern Moleys Wisdom Plea Bargains Court Case Discussion

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?

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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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