Legal Definitions - standing mute

Definition: Standing mute refers to a person, especially a prisoner, who remains silent when asked to answer or plead. In the past, if a prisoner stood mute, a jury was selected to determine whether the prisoner was intentionally mute or mute due to an act of God. Today, if a prisoner is mute by malice, the officer automatically enters a plea of not guilty and the trial proceeds. If the prisoner is found to be insane, they are kept in custody until the Crown determines what should be done.

Examples:

• A prisoner who refuses to enter a plea in court is considered to be standing mute.
• If a witness is unable to speak due to a medical condition, they may be considered a mute.

These examples illustrate how standing mute refers to a person who remains silent when required to speak or plead. In the case of a prisoner, standing mute can have legal consequences, such as an automatic plea of not guilty. In the case of a witness, being a mute may affect their ability to provide testimony in court.