Crim Pro2 Quiz4

The agreement is b/w the prosecutor and the D, so a court does not have to accept a plea agreement.

• True

• False

• It depends

The plea agreement is like a contract that the D must enter into intelligently, knowingly, and voluntarily with the knowledge that the agreement (contract) can be enforced both ways.

• True

• False

Answer explanation

with a plea bargain you are trying to reduce the # of charges a person is facing or reduce the sentence by the D’s pleading guilty (you as the atty are trying to reduce the client’s exposure or trying to get your client the lowest sentence w/o going to trial

→the sentence if D goes to trial is going to be greater than a plea bargain

The main criticism of the ​ (a)   process is that it puts undue ​ (b)   on D’s who are innocent or not guilty to plead ​ (c)   to crimes they did not commit out of fear of more ​ (d)   punishment (a greater sentence) if ​ (e)   at trial

• plea bargaining
• pressure
• guilty
• severe
• convicted

With the consent of the court and the government, a D may enter this type of plea __(2 words)__ or nolo contendere, reserving in writing the right to have an appellate court review an adverse determination of a specified pretrial motion. A d who prevails on appeal may then withdraw the plea.

Answer explanation

taken from FRCrP Rule 11(a)(2)

If a D refuses to enter a plea or if a D's organization fails to appear, the court must enter a plea of not guilty.

• True

• False

Answer explanation

taken from FRCrP 11(a)(4)

a plea by which a defendant in a criminal prosecution accepts conviction but the defendant does not accept or deny responsibility for the charges but agrees to accept punishment. It is as though a guilty plea had been entered but does not admit guilt. (2 words)

Before accepting a plea of ​ (a)   or nolo contendere, the court must address the D ​ (b)   in open court and determine that the plea is ​ (c)   and did not result form force, ​ (d)   or promises (other than promises of a ​ (e)   ).

• guilty
• personally
• voluntary
• threats,
• plea agreement

Answer explanation

FRCrP Rule 11(2)

An attorney for the government and the D's attorney, or the D when proceeding pro se, may discuss and reach a plea agreement. If the D pleads guilty or nolo contendere to either a charged offense or a lesser or related offense, the plea agreement may specify that an attorney for the government will:

• not bring, or will move to dismiss, other charges

• recommend or agree not to oppose the D's request for a particular sentence or range or based on sent. guidelines

• agree that a specific sentence or sentencing range is the apprpriate disposition of the case

Answer explanation

FRCrP 11(c)(1)

The parties must ​ (a)   the plea agreement in ​ (b)   court when the plea is offered, unless the court for ​ (c)   allows the parties to disclose the plea agreement ​ (d)  

• disclose
• open
• good cause
• in camera

Answer explanation

Rule 11(c)(2)

To the extent the plea agreement is of the type specified in Rule 11(c)(1)(A) or (C) the court may:

• accept the agreement

• reject the agreement

• defer a decision until the court has reviewed the presentence report

• refer to other judges to make a determination

Answer explanation

FRCrP Rule 11(c)(3)(A)