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Standard 14-1.6. Determining factual basis of plea (a) In accepting a plea of guilty or nolo contendere, the court should make such inquiry as may be necessary to satisfy itself that there is a factual basis for the plea. As part of its inquiry, the defendant may be asked to state on the record whether he or she agrees with, or in the case of a ...
In United States law, an Alford plea, also called a Kennedy plea in West Virginia, [1] an Alford guilty plea, [2] [3] [4] and the Alford doctrine, [5] [6] [7] is a guilty plea in criminal court, [8] [9] [10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.
[7] Scheb discussed the manner in which the court determines the factual basis for the plea, "In determining that a factual basis exists for the defendant's plea, judges often have the prosecutor briefly outline available proof to establish a prima facie case of the defendant's guilt. A more extensive inquiry is usually necessary for specific ...
The basis for this ruling was the Court's fear that "a rule compelling the critic of official conduct to guarantee the truth of all his factual assertions" would lead to "self-censorship". [17] This determination altered the theory of the 'false statements' free speech exception.
"Reasonable indication (also known as reasonable suspicion) is substantially lower than probable cause; factors to consider are those facts and circumstances a prudent investigator would consider, but must include facts or circumstances indicating a past, current, or impending violation; an objective factual basis must be present, a mere 'hunch ...
BEIJING (Reuters) -China released on Friday its first survey report of the South China Sea's disputed Sabina Shoal, saying there was no scientific or factual basis for reef damage claims made by ...
Tshilidzi Marwala introduced rational counterfactual which is a counterfactual that, given the factual, maximizes the attainment of the desired consequent. For an example, suppose a factual statement: She forgot to set her alarm, and consequently, was late. Its counterfactual would be: If she had set the alarm, she would have been on time. The ...
So where does this leave us? No mode of transportation is going to be 100% safe. We have to remain vigilant that air travel is as safe as it can be. What has happened over the last month has been ...