question archive 1) Whether a trial court is obliged to indicate to the State whether they have a duty to inform the accused, before Plea, that the facts contained in the Plea Explanation were sufficient or not and/or adequate or not 2
1) Whether a trial court is obliged to indicate to the State whether they have a duty to inform the accused, before Plea, that the facts contained in the Plea Explanation were sufficient or not and/or adequate or not 2
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1) Whether a trial court is obliged to indicate to the State whether they have a duty to inform the accused, before Plea, that the facts contained in the Plea Explanation were sufficient or not and/or adequate or not
2. If a trial court can expect of an expert witness in ballistics to draw an inference on the guilt of an accused
3. What probative value the court should attach to the Plea Explanation of the accused.
4. Whether the court may draw any inference from the failure of the accused to forward a detailed, factual explanation.
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- Yes, there is an obligation to ensure that the plea explanation was efficient to proceed with any hearings or the trial.
- A trial court should not expect an expert witness to interfere with the guilt of a suspect. A ballistics expert witness is present to ensure all relevant information is know about the evidence, regardless of it proving or disproving the defendant's guilt.
- The reliability of the expert witness should be attached to the value of the plea explanation.
- The court can prove interference through the lack of factual information being provided about the evidence or witness testimony.
