Fundamentals of Plea Bargaining
August 2011
Plea bargaining can result in a plea to a particular charge or to a sentence with certain limitations in exchange for a defendant’s waiver to a trial on the pending charges. Because the vast majority of cases are resolved through pleas, it is often s
General Credit
1. Courts have explicitly recognized the legitimacy and essential nature of plea bargaining. True False
2. When a judge participates in plea negotiations, an appellate court will examine whether the judicial activity resulted in undue coercion of the defendant or promoted an understanding and voluntary plea. True False
3. Given the extreme need for plea bargaining to reduce congested court calendars, there is no statutory limit to plea bargaining in any type of case. True False
4. Given the wide range of conduct and procedures encompassed, there is no statutory definition of plea bargaining. True False
5. An initiative enacted by the voters sought to eliminate plea bargaining in all types of cases. True False
6. Under an initiative enacted by the voters, plea bargains are allowed even in serious felonies when a reduction or dismissal of a charge in a bargain “would not result in a substantial change in the sentence.” True False
7. Under an initiative enacted by the voters, plea bargaining is barred in serious cases even if done prior to a preliminary hearing, regardless of the sufficiency of the evidence, and even if a material witness’s testimony is unavailable. True False
8. Sentence bargains, which are codified in Penal Code §1192.5, affect only the sentence to be imposed without actually dismissing or reducing charges. True False
9. Sentence bargains are authorized by Penal Code §1192.5 with respect to all felonies, including all sex crimes. True False
10. Sentence bargains under Penal Code §1192.5 require the consent of the prosecuting attorney and approval by the judge, and the judge retains discretion to withdraw approval of such pleas and must inform the defendant of the plea’s conditional nature. True False
11. Under Penal Code §1192.5, the court’s initial approval of a sentence bargain is not binding on the court. True False
12. “Lids” are a type of sentencing bargain where the defendant agrees to be sentenced to a minimum amount of custody with no upper limit on the amount of custody that can be imposed at sentencing. True False
13. Plea bargains resulting in a plea to a particular charge are called “charge bargains” and are codified in Penal Code §§1192.1 and 1192.2. True False
14. In contrast to sentence bargains under Penal Code §1192.5, charge bargains do not require the consent of the prosecuting attorney and approval by the court. True False
15. When a judge indicates a sentence based upon a given set of facts, irrespective of whether guilt is determined by plea or trial, this is not considered plea bargaining. True False
16. If a judge gives an indicated sentence, the judge is not allowed to withdraw from the indicated sentence even if new facts are brought out at a sentencing hearing showing that the sentence is inappropriate. True False
17. If the prosecutor feels that an indicated sentence is inappropriate, he can object to the defendant being sentenced in this manner, thereby barring the indicated sentence from being accepted by the defendant. True False
18. Although package deals are permissible, courts must carefully scrutinize the deal to ensure the voluntariness of pleas. True False
19. With a Cruz waiver, a defendant can agree that should he or she fail to appear at sentencing, a greater term can be imposed by the sentencing court and the defendant will not be allowed to withdraw his or her plea. True False
20. A proper Cruz waiver requires that both the defendant and prosecution agree as part of their plea bargain that a court can impose a greater sentence if the defendant fails to appear for sentencing. True False
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