Bryan Kohberger's Arraignment

[retiredguy123]

I watched the arraignment today on television. The entire thing seemed like a waste of time. When the judge asked the defendant and his lawyer how he wanted to plead, his lawyer said that her client wasn't going to say anything. Then, the judge entered a plea of "not guilty" into the court record. This may sound like a silly question, but could the judge have entered a plea of "guilty" instead of "not guilty"?

[manaboutown]

"What Happens If a Defendant Refuses to Enter a Plea?
Judges will enter "not guilty" pleas for uncooperative defendants."

From: What Happens If a Defendant Refuses to Enter a Plea? | Nolo (https://www.nolo.com/legal-encyclopedia/what-happens-defendant-refuses-enter-plea.html)

[Taltarzac725]

I watched the arraignment today on television. The entire thing seemed like a waste of time. When the judge asked the defendant and his lawyer how he wanted to plead, his lawyer said that her client wasn't going to say anything. Then, the judge entered a plea of "not guilty" into the court record. This may sound like a silly question, but could the judge have entered a plea of "guilty" instead of "not guilty"?

That would put all the power in the hands of the Judge. Judge Roy Bean probably took such an approach. Just a moment... (https://texashighways.com/travel/judge-roy-bean-the-law-the-lies-and-lillie-in-langtry/)

[heron848]

This may sound like a silly question, but could the judge have entered a plea of "guilty" instead of "not guilty"?

I’m guessing this would fall under “innocent until proven guilty” if you don’t actually plead guilty.

[retiredguy123]

I’m guessing this would fall under “innocent until proven guilty” if you don’t actually plead guilty.
Probably, but he didn't plead not guilty either.

[Bjeanj]

I don’t understand why the defendant didn’t make that very same plea.

[Worldseries27]

i watched the arraignment today on television. The entire thing seemed like a waste of time. When the judge asked the defendant and his lawyer how he wanted to plead, his lawyer said that her client wasn't going to say anything. Then, the judge entered a plea of "not guilty" into the court record. This may sound like a silly question, but could the judge have entered a plea of "guilty" instead of "not guilty"?
the judge entered the not guilty plea to ensure the defendant has a fair trial decided by the jury, his peers. To do otherwise would give the defendant
a myriad of appeal options. In most states prosecutors would charge him with one victim's murder so if anything went legally wrong for the prosecutions case and a not guilty verdict was returned, they would still be able to charge him with the subsequent victims homicides

[msilagy]

The guy is a pyscho so he is playing the game of being difficult within his right. He knows the legal system - I pray they give him the death penalty - he deserves it. Also that they serve him chunks of meat at every meal! Nothing makes him happier than showing off his legal skills. Evil to the core!

[ffresh]

I don’t understand why the defendant didn’t make that very same plea.

Monroe County lawyer explains Bryan Kohberger plea | wnep.com (https://www.wnep.com/article/news/investigations/action-16/kohberger/legal-expert-explains-kohberger-arraignment-plea-bryan-kohberger-latah-county-idaho/523-9914aa27-4716-4bca-99cf-5a0af61eb5bc)

"It's uncommon but not unheard of for defendants to "stand silent" in criminal cases. Sometimes it is done because defendants and their attorneys feel they need more time to weigh the ramifications of entering a plea of guilty or not guilty; other times it can be part of a broader legal strategy or simply a defendant's personal choice".

Sometimes a defendant (correctly or incorrectly) disputes the jurisdiction of the court, for myriad reasons.

Fred

[mikemalloy]

I watched the arraignment today on television. The entire thing seemed like a waste of time. When the judge asked the defendant and his lawyer how he wanted to plead, his lawyer said that her client wasn't going to say anything. Then, the judge entered a plea of "not guilty" into the court record. This may sound like a silly question, but could the judge have entered a plea of "guilty" instead of "not guilty"?

In some states, by standing silent, the defendant does not waive any possible objections to procedural irregularities up to that point. In Michigan it was the rule rather than the exception that the defendant would chose to stand mute.