Editing Arraignment (section)

==Guilty and not-guilty pleas==
If the defendant pleads guilty, an [[Preliminary hearing|evidentiary hearing]] usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the [[mitigating factor]]s, and the defendant's character, and passes [[Sentence (law)|sentence]].

If the defendant pleads [[not guilty (plea)|not guilty]], a date is set for a [[preliminary hearing]] or a [[trial]].

In the past, a defendant who refused to plead (or "stood mute") was subject to ''[[peine forte et dure]]'' ([[Law French]] for "strong and hard punishment"). Today, in [[common law]] jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea.<ref>In Queensland, Australia, this matter is covered by statute. See s601 of the Queensland [[Criminal Code]].</ref> The rationale for this is the defendant's [[right to silence]].