DETERMINING ACCURACY OF PLEA Clause Samples

The "Determining Accuracy of Plea" clause establishes the process by which a court ensures that a defendant's plea—such as guilty or no contest—is made knowingly, voluntarily, and with a factual basis. Typically, the judge will question the defendant to confirm their understanding of the charges, the consequences of the plea, and the rights being waived, and may require a summary of the evidence supporting the plea. This clause serves to protect the defendant's rights and uphold the integrity of the judicial process by preventing invalid or uninformed pleas.
DETERMINING ACCURACY OF PLEA. Notwith- standing the acceptance of a plea of guilty, the court should not enter a judgment upon such plea without making such inquiry as shall sat- isfy it that there is a factual basis for the plea.
View SourceView Similar (3)
DETERMINING ACCURACY OF PLEA. The military judge shall not accept a plea of guilty without making such inquiry of the accused as shall satisfy the military judge that there is a factual basis for the plea. The accused shall be questioned under oath about the offenses. 2. The origin. United States v. Care, 40 C.M.R. 247, 253 (C.M.A. 1969). The record “must reflect not only that the elements of each offense charged have been explained to the accused but also that the military trial judge or the president has questioned the accused about what he did or did not do, and what he intended (where this is pertinent), to make clear the basis for a determination by the military trial judge or president whether the acts or the omissions of the accused constitute the offense or offenses to which he is pleading guilty.”
View Source

Related to DETERMINING ACCURACY OF PLEA

  • Preserve Accuracy of Representations and Warranties Each party hereto will refrain from taking any action which would render any of its representations and warranties contained in this Agreement untrue, inaccurate or misleading as of Closing and the Effective Time. Through Closing, each party will promptly notify the other parties of any lawsuit, claim, audit, investigation, administrative action or other proceeding asserted or commenced against such party that may involve or relate in any way to another party to this Agreement. Each party hereto will promptly notify the other parties of any facts or circumstances that come to its attention and that cause, or through the passage of time may cause, any of a party's representations, warranties or covenants to be untrue or misleading at any time from the date hereof through Closing.

  • Data Accuracy The Custodian has no responsibility for, or duty to review, verify or otherwise perform any investigation as to the completeness, accuracy or sufficiency of, any data or information provided by or on behalf of the Client, any persons authorized by the Client, any Third Party Agent, any Market Participant or any Authorized Data Sources, except to the extent the Custodian has agreed in writing to perform reconciliations, variance or tolerance checks or other specific forms of data review under this Agreement.

  • ACCURACY OF RECITALS Borrower acknowledges the accuracy of the Recitals.

  • Accuracy of Representations All of Buyer’s representations and warranties in this Agreement (considered collectively), and each of these representations and warranties (considered individually), must have been accurate in all material respects as of the date of this Agreement and must be accurate in all material respects as of the Closing Date as if made on the Closing Date.

  • Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate.