Also known as: non-culpabilis · not guilty
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting a finding or plea of not guilty in a criminal proceeding. The phrase signals that the trier of fact has determined the prosecution failed to prove the elements or that a statutory defense such as lack of voluntary act or mental disease or defect has been established. Entry of the plea or verdict bars further prosecution for the same offense under double-jeopardy principles.
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Naveen Nanda stood trial for arson after a warehouse fire. The prosecution presented only circumstantial proof that he was near the building. The court found the evidence insufficient to support a conviction and entered a judgment of non culpabilis, barring any retrial on the same charge.
Naomi Norton refused to enter any plea at arraignment on a fraud charge. The court immediately recorded a plea of non culpabilis and set the matter for trial, preserving all of her constitutional rights to contest the government's case.
Nora Nash was charged with battery after her arm struck a bystander during an epileptic seizure. Because the movement occurred without any voluntary act, the court directed a verdict of non culpabilis and dismissed the case before it reached the jury.
Nicole Navarro appeared for arraignment on an embezzlement information. Her attorney entered a written plea of non culpabilis, which became one of the official pleadings that framed the issues for pretrial motions and trial.
Nicholas Nunez faced securities-fraud charges after he published optimistic projections without reviewing contrary internal data. The prosecution could not prove he acted with any culpable mental state, so the jury returned a verdict of non culpabilis on every count.
Nathaniel Newman filed timely written notice that he would rely on mental disease or defect. After presenting expert testimony at trial, the jury found him not responsible and recorded a verdict of non culpabilis by reason of mental disease or defect.
It signifies that the defendant has been found not guilty either because the prosecution failed to prove every element or because an affirmative defense such as mental disease or defect was established. The finding bars retrial on the same offense under double-jeopardy rules.
A court must enter the plea when the defendant refuses to plead or when a corporate defendant fails to appear. The entry preserves the defendant's right to contest every element at trial.
…22, col. 1; N. Y. Times, Aug. 25, 1965, p. 1, col. 1. In general, see Borchard, Convicting the Innocent (1932); Frank & Frank, Not Guilty (1957). [^maj-25]: In the fourth confession case decided by the Court in the 1962 Term, Fay v. Noia , 372 U. S. 391 (1963), our disposition made it unnecessary to delve at length into the…
…Industrial Recovery Act was unconstitutional. The District Court overruled the demurrer. The defendants thereupon pleaded not guilty
…English courts is to be found in McNaghten's case, 10 Cl. & Fin. 200, 203, 210, decided in 1843. The accused having been found not guilty, on the ground of insanity, his trial became the subject of discussion in the House of Lords, and much was said about insane delusions and partial insanity, as giving or not giving immunity…
…12. Bynkershoek has not discussed the question in direct terms. In one place ( Bynk. Pub. Juris, ch. 3,) he says, that he is not guilty of any crime, by the laws of war, who invades a hostile shore in hopes of getting booty. It is true that, in another place ( id. ch. 20.) he admits, in conformity to his doctrine elsewhere,…
…of 18 U.S.C. §§ 2241 and 13, respectively.[^maj-2] Stevens was arraigned on the indictment soon thereafter, and pleaded not guilty
Criminal liability requires conduct that includes a voluntary act. When the harmful movement occurs during unconsciousness or a reflex, the act element is missing and the court must enter non culpabilis.
The prosecution must prove the defendant acted purposely, knowingly, recklessly, or negligently with respect to each material element unless the statute clearly dispenses with mens rea. Failure to prove any required mental state results in non culpabilis.
The defendant must file written notice of intent to rely on the defense at the time of the not-guilty plea or within ten days thereafter, unless the court permits a later filing for good cause.