8.10.6 Factual Basis

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

8.10.6 Factual Basis

A factual basis for the plea must be developed for the plea to be valid. This basis is usually established when the prosecutor, on the record, explains what the trial evidence is expected to be. The court then determines that the plea is voluntary and intelligent¹⁰³ and concludes that the admitted conduct constitutes the offense as charged.¹⁰⁴

Comment

In a military court, the judge must determine the factual basis for each element of the offense from the accused personally. This is done by direct questioning on the...