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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.
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.
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.
In United States law, a stipulation is a formal legal acknowledgment and agreement made between opposing parties before a pending hearing or trial. For example, both parties might stipulate to certain facts and so not have to argue them in court. After the stipulation is entered into, it is presented to the judge.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
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 ...
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]