In United States criminal law, a factual basis is a statement of the facts detailing an individual crime and its particulars, stipulated to by the prosecution and the defense, which forms a basis by which a judge can accept a guilty plea from the defendant.
In its criminal justice section, the American Bar Association has adopted the following standard regarding the need for a factual basis:[1] In the 2008 book Criminal Procedure, author John M. Scheb pointed out that in the United States, a majority of the states have initiated measures to make sure that the plea is entered into of the defendant's own accord, and that it is grounded in a factual basis.
[2] Scheb wrote, "Most states have adopted similar rules of procedure to ensure that pleas are voluntary and comply with constitutional requirements.
"[2] Scheb noted that, "The objective is to establish that no improper inducements have been made to secure a plea, that the defendant understands the basic constitutional rights incident to a trial, that these rights are being waived, and that he or she comprehends the consequences of the plea.
"[2] Scheb discussed the manner in which the court determines the factual basis for the plea, "In determining that a factual basis exists for the defendant's plea, judges often have the prosecutor briefly outline available proof to establish a prima facie case of the defendant's guilt.