What does it mean when a defendant stands silent?
Asked by: Miss Adrienne Larson | Last update: August 3, 2025Score: 4.8/5 (31 votes)
Explanation: When a defendant "stands mute" at their arraignment, it means that they are refusing to enter a plea of guilty or not guilty. Instead, they are remaining silent, declining to plead. In such cases, the court will enter a plea of not guilty on behalf of the defendant.
Why would a defendant stand mute?
Explanation: Standing mute means that the defendant does not plead guilty or not guilty to the charges against them. This can happen for various reasons, such as the defendant not wanting to incriminate themselves or not understanding the charges.
Why would someone stay silent instead of pleading not guilty?
The big reason is if you testify, you waive your 5th Amendment rights on cross-examination. You can't take the stand and proclaim your innocence, then turn around and refuse questions relating to your testimony. Invoking your right to remain silent means complete silence in regard to testimony.
Can a defendant remain silent in court?
Silence at Trial
The primary application of this right occurs during criminal court proceedings, where prosecutors are not allowed to call the defendant as a witness. The defendant has sole discretion over whether to testify at trial, and prosecutors may not comment if the defendant decides not to do so.
What if a defendant refuses to speak?
California Evidence Code § 930 provides that “a defendant in a criminal case has a privilege not to be called as a witness and not to testify.” While a defendant can waive this privilege and choose to testify, the prosecutor cannot call the defendant to the stand just to make the defendant explicitly claim the ...
Attorney explains Bryan Kohberger's unusual decision to remain silent during plea in Idaho murders
Does a defendant have to speak in court?
So when people ask, “Should a defendant testify at trial?” many are surprised to learn that, in all but a few limited circumstances, the answer is generally “No.” Except in rare situations, a defendant testifying in court rarely works to their advantage but has the potential to destroy their case.
What happens if a suspect refuses to speak?
The Fifth Amendment provides that "no person... shall be compelled in any criminal case to be a witness against himself." Exercise your right to remain silent at all times! California does not have a "Stop and Identify" law requiring individuals to present identification to law enforcement.
What does silent mean in legal terms?
1 : making no utterance. : resolved not to speak esp. about a certain topic [the right to remain ] 2 : making no mention or account. : omitting explanation and leaving questions unanswered [a criminal statute as to the requirement of intent]
Can a defendant remain anonymous?
There may well be situations where a litigant's anonymity should be maintained, for example, when there is an imminent risk of physical harm to the litigant if his or her identity is revealed, or if revealing the litigant's identity would expose him or her to criminal liability.
Does silence prove guilt?
If a defendant is in custody, silence in the face of an accusatory statement does not constitute an admission of the truth of the statements. Doyle v. Ohio, 426 U.S. 610, 617-19 (1976). Such evidence should not be received, and no instruction will be necessary.
Does silence prove his guilt?
Final Answer: His silence proves his guilt because he did not speak.
What happens if a defendant does not plead guilty?
Not Guilty Plea
By pleading not guilty, the defendant exercises their right to a trial, during which the prosecution must prove their guilt beyond a reasonable doubt. If the jury or judge finds the defendant not guilty, they are acquitted of the charges, and the case is closed.
What do you say in court when you want to remain silent?
“I'm taking the 5th and 6th amendment. I will remain silent until after I speak with my attorney.” Then, remain silent. If you are lawfully detained, you can tell the officer your name, address, and date of birth without waiving your rights.
What does a silent plea mean?
The defendant can plead guilty, not guilty, or stand mute (also known as a “standing silent” plea). Standing mute or silent means a defendant does not take a stance on being guilty or not guilty; they remain silent pursuant to rights guaranteed by the 5th Amendment.
Why do most defendants not testify?
It is rarely a good idea for a defendant to testify on their own behalf. In almost every case, the risk of what could come out on cross-examination outweighs any benefit that could be gained from hearing directly from the defendant.
When the accused stands mute, it is typically because they are?
There are a number of reasons why a defendant may choose to stand mute. In some cases, they may be attempting to delay the proceedings or hoping to negotiate a plea agreement with the prosecution. In other cases, they may be protesting the legitimacy of the court or the charges against them.
Does the defendant have to talk?
In a small claims court in California, it is not necessary for the defendant to speak in court, but it is generally in their best interest to do so if they wish to present their side of the case.
Can you sue someone who is anonymous?
John Doe lawsuits serve as a means for individuals to seek justice and hold anonymous individuals accountable for their actions or statements online. A John Doe lawsuit is a term of art used by lawyers for any lawsuit that is against an unknown, or anonymous defendant.
Can a lawyer defend someone they know is guilty?
Conclusion. The bottom line is that a lawyer can defend someone they know is guilty. Moreover, a lawyer who gives their best effort to advise a guilty client is actually assisting the court to do justice.
Can a prosecutor mention a defendant staying silent?
Court explained that comment by a prosecutor on a defendant's failure to take the stand violates the Fifth Amendment because it "is a penalty imposed by courts for exercising a constitutional privilege.
Does silence mean no consent?
Silence or non-communication is not consent. Consent cannot be assumed, implied, or given on behalf of another person. A person is not able to give consent if they are drunk, high, asleep, unconscious, or otherwise unable to communicate.
What is the silence rule?
The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the world's legal systems.
What happens if you remain silent in court?
Failing to invoke the right to remain silent can have serious consequences. In 2013, the U.S. Supreme Court concluded that a witness's silence to a question can be used against them in a criminal case (Salinas v. Texas).
What if someone refuses to speak in court?
The Fifth Amendment to the United States Constitution gives you the right to be free from compelled self-incrimination. Also known as “pleading the Fifth,” victims or witnesses can refuse to testify, without being held in contempt of court, if their response would incriminate them for a crime.