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Simple English definitions for legal terms
standing mute
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A quick definition of standing mute:
Standing mute is when a person, especially a prisoner, remains silent when asked to answer or plead in court. In the past, if a prisoner stood mute, a jury was chosen to decide if they were intentionally not speaking or if they were unable to speak due to a physical or mental condition. However, now if a prisoner is mute on purpose, the officer will enter a plea of not guilty and the trial will continue. If the prisoner is found to be mentally ill, they will be kept in custody until the government decides what to do next.
A more thorough explanation:
Definition: Standing mute refers to a person, especially a prisoner, who remains silent when asked to answer or plead. In the past, if a prisoner stood mute, a jury was selected to determine whether the prisoner was intentionally mute or mute due to an act of God. Today, if a prisoner is mute by malice, the officer automatically enters a plea of not guilty and the trial proceeds. If the prisoner is found to be insane, they are kept in custody until the Crown determines what should be done.
Examples:
- A prisoner who refuses to enter a plea in court is considered to be standing mute.
- If a witness is unable to speak due to a medical condition, they may be considered a mute.
These examples illustrate how standing mute refers to a person who remains silent when required to speak or plead. In the case of a prisoner, standing mute can have legal consequences, such as an automatic plea of not guilty. In the case of a witness, being a mute may affect their ability to provide testimony in court.