CJ Processes- Plea Bargain & Trial Final Exam

What is a plea bargain?

Is plea bargaining beneficial to the judicial processes? Why or why not? What are the pros and cons?

When does plea bargaining occur?  Why is it most likely NOT going to occur after the start of the trial?

What is the approximate percentage of cases that end in a plea bargain?

What are the three forms of plea bargaining?  Be sure to define and understand the meaning of each one.

Santobello v. NY (1971) and Blackledge v. Allison (1976) recognized the importance and benefits of plea bargaining.  How so? What happened in each of these cases and what precedent did they set?

What are the benefits of plea bargaining as recognized by the court in these cases?

What are Nardulli’s Categories of Plea Bargaining?

What is the judge’s role in plea bargaining? Why are judges unlikely to turn down a plea deal?

What is the potential impact of the police in plea bargaining?

What are some common complaints regarding plea bargaining?

What is meant by a jury trial penalty?

What happened in the case of Bordenkircher v. Hayes (1978)? How is it relevant to plea bargaining? What precedent did it set?

What are some common complaints about plea bargaining?

What are the benefits of plea bargaining versus complaints?

What could make plea bargaining more effective? Can you eliminate it? Why or why not? What are the unintended consequences? What are potential reforms?

During the sentencing, what are the four principal forms of punishment?

What are the two factors that impact the sentence?

What are sentencing guidelines? With structured sentencing and plea bargaining in place, who has power in the system?

What does the 6th Amendment to the Constitution guarantee as far as trials go?

What is the precedent regarding the guarantee for a jury trial in the state courts?

Why are criminal trials in decline?

What happens in each stage of the trial?

What is an affirmative defense?  Define it and provide examples.

How often is the insanity plea used? How successful is it when it is used?

What are the two types of testimony? Define the types

What is the role of the judge in the trial?  i.e. what is the role of the judge in stage 2 or 4 etc.?

What is a hung jury? Will a trial that ends in a hung jury be retried?  Why or why not?

If there is a guilty verdict, what role does a jury play in sentencing? When?

List and define some of the different sentencing options that a judge may use.

What is truth in sentencing? What is structured sentencing? How does it limit the discretion of judges in the process? Can you explain how it moves discretion from judges to the district attorneys/prosecutors?

What was the case of U.S. v. Booker (2005) about?  How is the outcome relevant to/important regarding the constitutionality of sentencing guidelines?