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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 a criminal case, the defendant has the right to contest every fact that might tend to incriminate him. Therefore, the court taking judicial notice would simply allow the jury to make the finding that the court took notice of, but would not require this outcome, and would not prevent the defense from presenting evidence to rebut the noticed fact.
However, "innocence" is a factual question, and once a fact-finder—judge or jury—makes a factual determination, appellate and post-conviction courts generally are bound by those factual determinations. Appeals and post-conviction cases, by their very nature, focus on legal errors, not factual disputes.
This is the case in some jurisdictions, including the United States, England and Wales, and Australia. Self-defence in a battery case: a person cannot be held criminally liable for battery if they can prove Right of self-defence under certain circumstances (e.g. where retreat was impossible, or where the use of force was not excessive). [2]
Because pleading in the alternative is generally permitted in criminal cases, a defendant may claim to have not committed the crime itself, but at the same time may claim that if the defendant had committed the crime, the act was excused for a reason such as insanity or intoxication, or was justified due to provocation or self defense.
A Missouri woman who admitted to killing her husband because she couldn’t afford to divorce him has been sentenced to 10 years in prison. On Monday, Jan. 27, Melanie Biggins, 42, pleaded guilty ...
By the Act, Congress exercised its power to define the rules that should govern this particular area in the trial of criminal cases instead of leaving the matter of lawmaking to the courts. [6] The Act, and not the Supreme Court decision in the Jencks case, governs the production of statements of government witnesses in a federal criminal trial ...
In most common law jurisdictions, an element of a crime is one of a set of facts that must all be proven to convict a defendant of a crime. Before a court finds a defendant guilty of a criminal offense, the prosecution must present evidence that, even when opposed by any evidence the defense may choose, is credible and sufficient to prove beyond a reasonable doubt that the defendant committed ...