Guilty and Not-guilty Pleas
If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence.
If the defendant pleads not guilty, a date is set for a preliminary hearing or a trial.
In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure (Law French for "strong and hard punishment"). Today in common-law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to silence.
Read more about this topic: Arraignment
Famous quotes containing the words guilty and/or pleas:
“Saints should always be judged guilty until they are proved innocent.”
—George Orwell (1903–1950)
“John Eliot came to preach to the Podunks in 1657, translated the Bible into their language, but made little progress in aboriginal soul-saving. The Indians answered his pleas with: ‘No, you have taken away our lands, and now you wish to make us a race of slaves.’”
—Administration for the State of Con, U.S. public relief program. Connecticut: A Guide to Its Roads, Lore, and People (The WPA Guide to Connecticut)