Not Guilty - Law Dictionary Search Results
Home Dictionary Name: not guiltynot guilty
not guilty 1 : a plea by a criminal defendant who intends to contest the charges compare guilty, nolo contendere NOTE: Under the Federal Rules of Criminal Procedure, if a defendant refuses to plead or if the defendant is a corporation that fails to appear the court must enter a plea of not guilty on the defendant's behalf. 2 : a verdict rendered by a jury acquitting a criminal defendant upon finding that the prosecution has not proven the defendant's guilt beyond a reasonable doubt ...
not guilty by reason of insanity
not guilty by reason of insanity 1 : a plea by a criminal defendant who intends to raise an insanity defense used in jurisdictions that require such a plea in order for an insanity defense to be presented 2 : a verdict rendered by a jury in a criminal case that finds that the defendant was insane at the time of committing the crime as determined by application of the test for insanity used in the jurisdiction compare guilty but mentally ill NOTE: A verdict of not guilty by reason of insanity usually results in the commitment of the defendant to a mental institution. Such a verdict, however, may allow the defendant to be released, sometimes into the custody or care of another (as a family member). ...
Not guilty
Not guilty, a plea by way of traverse which occurred in actions of trespass, libel, or other tort, and amounted to a denial only of the breach of duty or wrongful act alleged to have been committed by the defendant; this was called pleading the 'general issue.' See PLEADING.The plea of not guilty, jin criminal proceedings, is the proper form wherever a prisoner means either to deny or justify the charge in the indictment; the effect of which plea is, that on the one hand, it puts the prosecutor to the proof of every material fact alleged in the indictment or information, and on the other it entitles the defendant to avail himself of any defensive circumstances as amply as if he had pleaded them in a specific form....
Not guilty by Statute
Not guilty by Statute. Very many Acts from time to time allowed defendants sued for doing things in pursuance of them to plead 'not guilty by statute' (or the general issue, as it was described in the statute). They are mostly repealed by the Public Authorities Protection Act, 1893; but the defence is still provided for by R.S.C., Ord.XIX., r. 12, and Ord. XXI., r. 19. Consult Bullen & Leake, Prec. of Plead., 7th ed. pp. 749, 797. See also Aggson Agricultural Holdings, 4th ed. p. 387....
guilty but mentally ill
guilty but mentally ill : a verdict available in some jurisdictions in cases involving an insanity defense in which the defendant is considered as if having been found guilty but is committed to a mental hospital rather than imprisoned if an examination shows a need for psychiatric treatment compare not guilty by reason of insanity ...
verdict
verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
arraign
arraign [Anglo-French arrainer, from Old French araisnier to address, call to account, from a-, prefix stressing goal of an action + raisnier to speak] : to bring (a defendant) before a judge or magistrate to hear the charges and to plead usually either guilty or not guilty compare indict NOTE: For a person to be formally arraigned, he or she must be called by name before a judge or magistrate. The judge or magistrate makes sure that the defendant is the person named in the complaint, indictment, or information, which is then read to formally notify the defendant of the charges. The defendant may then enter a plea of guilty, not guilty, or another plea allowed by law such as nolo contendere. In some cases, as when the defendant is not yet represented by a lawyer, the judge or magistrate may enter a plea of not guilty on the defendant's behalf. ar·raign·ment n ...
Culprit
Culprit. The prisoner at the Bar awaiting his trial after a plea of not guilty. 'Its first recorded use is in the trial of the Earl of Pembroke for murder in 1678. Its original force was formerly to join issue with the defendant's plea of Not guilty and to demand trial and judgment.'-Oxf. Dict., art. 'Culprit,' where see discussion of the disputed derivations of the word. It is thus derived by Donaldson. The clerk asks the prisoner, 'Are you guilty or not guilty ?' Prisoner, 'Not guilty.' Clerk, 'Qu'il paroit [may it prove so]; how will you be tried ?' Prisoner, 'By God and my country.' These words, being hurried over, came to sound, 'Culprit, how will you be tried ?' Blackstone's derivation is entirely different; see 4 Bl. Com. 339....
Defence
Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint.In Civil matters, a defence (which is always in writing or printed) is either (1) by statement of defence, which may be a denial of the plaintiff's right, or may be an allegation of a set-off or counterclaim by the defendant which will cover wholly or in part the claim of the plaintiff; or (2) by a statement of defence raising a point of law, so as to show that the facts alleged by the plaintiff do not disclose any cause of action to which effect can be given by the Court; see R.S.C., Ord. XXV., sub-stituted for the old 'demurrer.' See STATEMENT OF DEFENCE DEMURRER.In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. 6; Ord. XIV.).In Criminal matters (which is always by word of mout...
Arraign
Arraign [fr. arraisonner, aresner, aregnir, arraigner, Old Fr., i.e., ad rationem ponere, Lat., to call one to account], to bring a prisoner to the bar of the Court to answer the matter charged upon him in the indictment. The arraignment of a prisoner consists of calling upon him by name, reading to him the indictment, demanding of him whether he be guilty or not guilty, and entering his plea. The pleas upon arraignment are either the general issue, i.e., not guilty, or a plea in abatement or in bar, or the prisoner may demur to the indictment, or he may confess the fact, upon which the Court proceeds immediately to judgment. But, if the prisoner 'shall stand mute or malice, or will not answer directly to the indictment or information,' the Court, if it shall so think fit, may 'order the proper officer to enter a plea of 'not guilty' on behalf of such a person, and the plea so entered shall have the same force and effect as if the person had so pleaded the same.'-Crim. Law Act,1827 (7 ...
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