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Friday, February 20, 2009

Updated: "Innocent" or "Not Guilty?"

The Register's legal reporting faux pas:

SR reader Bill T. corrected them:


The Massachussetts Bar Association explains why "innocent" and "not guilty" are not interchangeable terms:

All too often when I listen to the radio or read the newspapers, I hear or see "at arraignment, the defendant pled innocent" or "the defendant was found innocent by the jury." The word "innocent" is being misused. "Innocent" cannot and should not be substituted for "not guilty."
Technically, only three pleas can be entered by a defendant who is brought before the court to answer the charges against him. Under the Massachusetts Rules of Criminal Procedure, the defendant may plead not guilty, guilty or nolo contendere to any crime with which he is charged and over which the court has jurisdiction. The rules that are applicable to the criminal sessions of the trial court do not provide the defendant with the option of pleading innocent. There is no such plea available.

Similarly, the Massachusetts Rules of Criminal Procedure provide for only two possible verdicts that can be returned by a jury: guilty or not guilty. There is no verdict of innocent. And, not guilty does not mean innocent.

When a jury returns a verdict of not guilty, that means that the state has not convinced the jury beyond a reasonable doubt as to all the elements of the crime with which the defendant has been charged. For example, in a first degree murder case, the state must prove that the defendant deliberately and with malice unlawfully caused the death of another human being. If the defendant presents a valid defense that he killed the victim in self-defense, then the defendant is not innocent of homicide -- he did in fact kill another human being -- but he is "not guilty" of homicide because the state did not convince the jury that the defendant acted with premeditated malice aforethought.

Update: The Register corrected the mistake! Must respect:

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