MCOLES State Licensing Practice Exam

Which of the following is a characteristic of a plea bargain?

1. A complete innocence trial

2. A voluntary agreement between the prosecutor and defendant

3. A determination of guilt by a jury

4. A mandatory sentence length

The correct answer is: A voluntary agreement between the prosecutor and defendant

A plea bargain is fundamentally a voluntary negotiation between the prosecutor and the defendant, where both parties agree to terms that may involve the defendant pleading guilty to a lesser charge or receiving a reduced sentence in exchange for avoiding a trial. This process is intended to expedite the judicial system by reducing the number of cases that go to trial, allowing for a resolution that can be beneficial to both sides. The essence of a plea bargain is that it allows defendants to accept responsibility for less severe charges, which can result in lesser penalties, while also saving the court time and resources. This characteristic distinguishes plea bargains from other trial processes, where matters of guilt or innocence are debated and determined by a jury or through other legal proceedings.