Plea Bargaining Assignment | Online Assignment

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Answer the following questions. 1. Do you agree with Justice White that a guilty plea by a defendant in return for a conviction of a less serious crime, shorter prison sentence, or other consideration is not a violation of due process of law? 2. What does Justice White mean when he observes that there is a “mutuality of advantage” between the prosecutor and the defense attorney in plea bargaining and guilty pleas? 3. What does Justice White suggest would happen if plea bargaining was prohibited? 4. Explain why Justice White is confident that innocent individuals will not plead guilty. Is he correct that there is no greater risk of the innocent being convicted based on a plea bargain than based on a trial? 5. Why does Justice Appel believe that there is a risk that an innocent individual will enter into a plea bargain and plead guilty? 6. Summarize the evidence that Justice Appel relies on to confirm the fact that innocent individuals may enter into a plea bargain and plead guilty. 7. Why does Justice Scalia seemingly admire criminal justice systems that have abolished plea bargaining? 8. What does Justice Scalia mean when he writes that the Supreme Court “embraces the sporting-chance theory of criminal law, in which the State functions like a conscientious casino-operator, giving each player a fair chance to beat the house, that is, to serve less time than the law says he deserves”? 9. Would you favor restricting or even abolishing plea bargaining? Is this a realistic possibility?