Chapter 8

Question 1

Charge bargaining (Charge reduction bargaining )

Answer 1

Negotiation process between the prosecutors and defense attorneys in which prosecutor downgrades the charges in return for a plea of guilty

Question 2

Coconspirator

Answer 2

Another party besides the defendant who is alleged to have committed the same crime in concert with the defendant

Question 3

Concession givers

Answer 3

Judges who make plea agreement offers to criminal defendants

Question 4

Determinate sentencing

Answer 4

Sentencing to incarceration for a fixed period that must be served in full without parole

Question 5

Differential discretion

Answer 5

View that sentencing disparities are more likely to happen during the informal plea bargaining than after trial.

Question 6

Electronic monitoring

Answer 6

The use of electronic devices to monitor offender, probationer and parolees.

Question 7

Fact-finders

Answer 7

Juries who hear cases, criminal or otherwise.

Question 8

Factual basis for the plea

Answer 8

Evidence of one’s guilt beyond reasonable doubt to substantiate a plea bargaining agreement.

Question 9

Federal misdemeanor

Answer 9

Any federal crime where the maximum punishment is less than a year in prison or jail.

Question 10

Federal rule of criminal procedure

Answer 10

All protocols that must be followed during offender processing from arrest to conviction.

Question 11

Flat time

Answer 11

Actual amount of time required to be served while incarcerated.

Question 12

Going rate

Answer 12

Local view of the appropriate sentence for an offense.

Question 13

Guilty plea

Answer 13

A defendant’s formal affirmation of guilt to the charges against him.

Question 14

Habitual offender statutes

Answer 14

Generally provide a life imprisonment for chronic offenders who have been convicted of three or more serious felonies within a specific period.

Question 15

Home confinement

Answer 15

House arrest.

Question 16

Implicit plea bargaining

Answer 16

Occurs when defendants plea guilty in expectation of a more lenient sentence

Question 17

Indeterminate sentencing

Answer 17

sentencing that encourages rehabilitation in which the judge sets the minimum and maximum period of incarceration.

Question 18

Intensive supervised probation

Answer 18

probation that requires face-to-face meeting probation officers.

Question 19

Judicial plea bargaining

Answer 19

Recommended sentence by judge who offers a sentence in exchange of a guilty plea.

Question 20

Judicial privilege

Answer 20

Power of judges to change plea bargaining agreement and substitute their own punishment.

Question 21

Jury waiver system

Answer 21

Occurs when defendants waive their constitutional right to a jury trial and enter a plea bargaining.

Question 22

Negotiated guilty pleas

Answer 22

Pleas of guilty in exchange of a more lenient sentence.

Question 23

Nolle prosequi

Answer 23

An entry made by the prosecutor on the record in a case and announced in court to indicate that the specified charges will not be prosecuted

Question 24

Presentence investigative reports (PSIs)

Answer 24

Reports filed by probation containing information relative to the defendant.

Question 25

Selective chivalry

Answer 25

View that judges tend to favor white females in their sentencing compared to other females of different ethnicities or males.

Question 26

Self-incrimination

Answer 26

Act of exposing oneself to prosecution by answering questions that may demonstrate involvement in illegal behavior.

Question 27

Sentence recommendation bargaining

Answer 27

Negotiation in which the prosecutor proposes a sentence in exchange for a guilty plea.

Question 28

Three-strikes-and-you’re-out policies

Answer 28

proposition to incarcerate those who are convicted of three or more serious offenses, usually for life.

Question 29

Trial delays

Answer 29

Any one of legitimate reasons that might delay a trial: crowded court dockets, health of courtroom actors…etc

Question 30

Typicality hypothesis

Answer 30

View that judge give women greater consideration than men during sentencing, but only when their charges are consistent with stereotypes of females offenders.

Question 31

U.S. sentencing guidelines

Answer 31

Rules implemented in November 1987 obligating federal judges to impose presumtive sentences on all convicted offenders.