mute
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mute
a person arraigned on indictment who refuses to answer a charge.MUTE, persons. One who is dumb. Vide Deaf and Dumb.
MUTE, STANDING MUTE, practice, crim. law. When a prisoner upon his
arraignment totally refuses to answer, insists upon mere frivolous
pretences, or refuses to put himself upon the country, after pleading not
guilty, he is said to stand mute.
2. In the case of the United States v. Hare, et al., Circuit Court,
Maryland Dist. May sess. 1818, the prisoner standing mute was considered as
if he had pleaded not guilty.
3. The act of congress of March 3, 1825, 3 Story's L. U. S. 2002, has
since provided as follows; Sec. 14, That if any person, upon his or her
arraignment upon any indictment before any court of the United States for
any offence, not capital, shall stand mute, or will not answer or plead to
such indictment, the court shall, notwithstanding, proceed to the trial of
the person, so standing mute, or refusing to answer or pleas, as if he or
she had pleaded not guilty; and upon a verdict being returned by the jury,
may proceed to render judgment accordingly. A similar provision is to be
found in the laws of Pennsylvania.
4. The barbarous punishment of peine forte et dure which till lately
disgraced the criminal code of England, was never known in the United
States. Vide Dumb; 15 Vin. Ab. 527.
5. When a prisoner stands mute, the laws of England arrive at the
forced conclusion that he is guilty, and punish him accordingly. 1 Chit. Cr.
Law, 428.
6. By the old French law, when a person accused was mute, or stood
mute, it was the duty of the judge to appoint him a curator, whose duty it
was to defend him, in the best manner he could; and for this purpose, he was
allowed to communicate with him privately. Poth. Proced. Crim. s. 4, art. 2,
Sec. 1.