Pleas in Court: What They Mean
Almost immediately after arrest
a defendant will be brought into court for an arraignment. At
the arraignment the defendant is read his/her rights and is informed
of the charges against her. At that time the defendant will be asked how
he/she pleads to those charges. She can make several responses:
1. GUILTY: By entering a plea of guilty, a defendant is
admitting his/her guilt, thereby forfeiting her right to a trial.
In such cases a defendant will simply be sentenced by the judge,
though he/she may have to return to court at a later date for sentencing.
Demonstrators engaged in civil disobedience sometimes feel that
this is the proper plea to enter at the arraignment. By pleading
guilty they are saying, "Yes I committed the act of which
you accuse me. I don't deny it; in fact, I am proud of it. I feel
I did the right thing by violating this particulary unjust law; I am guilty
as charged." Mahatma Ghandi is one example of a civil disobedient
who always pled guilty in court as a matter of principle.
2. NOT GUILTY. If a defendant pleads not guilty, he/she must
be tried and convicted before he/she can be sentenced. The burden
of showing guilt lies with the state; you are presumed innocent
unless the state can prove your guilt beyond the shadow of a doubt.
A defendant need not actually believe that he/she is not guilty in
order to enter this plea.
Civil disobedients often believe that this is the proper plea
to enter at arraignment. By pleading not guilty they are saying;
"Guilt implies wrong-doing. I feel I have done no wrong.
I may have violated some specific laws, but I am guilty of doing
no wrong. I therefore plead not guilty." Since this places
the burden of proof on the state, charges may be dropped by the
government before the case is tried. In rare cases a defendant
may be acquitted (found not guilty) during the trial.
3. NOLO CONTENDERE: Nolo contendere is Latin for "no
contest." If a person plead "nolo contendere", he/she forfeits
the right to a trial and (as with a guilty plea) simply comes
before the judge for sentencing. Some people feel that a nolo
plea is a compromise between pleading guilty and not guilty. While
not contesting the charges one is also not admitting guilt.
4. Standing Mute. Some people will not answer at all when
they asked by a Judge how they plead. They are usually civil disobedients
who refuse cooperation with other aspects of arrest and courtroom
procedures. In such cases a plea of not guilty will usually be
entered for the defendant by the judge.
Such defendants feel that they should not have been arrested,
do not belong in court, and only dignify the illegitimate proceedings
by participating in them. Others may feel that the courts in this
country, by their very nature, are oppressive institutions whose
only legitimacy comes from the cooperation given them by the defendants;
they therefore feel compelled to noncooperate with the proceedings.
Serious consequences can result from noncooperation, including
physical abuse by the police and additional jail time from the
judge.
5. Creative pleas. Some defendants in political cases enter
"creative pleas". For instance, when asked by the judge
how he/she pleads, a defendant might respond: "I plead for an
end to anti-American demonstrations against the liberation
of Iraq" (for a pro-American demonstration), or "
I plead for an end to the laws making it legal to destroy the
environment and build on wetlands" (for an action against
building/permits in wetlands). In such cases
a plea of not guilty will usually be entered for the defendant
by the judge.