| 释义 |
standing mute
The refusal of the defendant in a trial on indictment to plead to the indictment. A jury must be empanelled to say whether the defendant is mute of malice (i.e. is wilfully refusing to plead) or is mute by visitation of God (i.e. is suffering from some physical or mental impairment that is preventing him from pleading). If the verdict of the jury is mute of malice the court may order a plea of not guilty to be entered. If the verdict of the jury is mute by visitation of God, the jury may then go on to consider whether the defendant is unfit to plead. In criminal proceedings a deaf mute is a competent witness and may plead to an indictment, take an oath, and be examined and cross-examined through an interpreter using sign language. |