Mute of malice

A mute of malice is a defendant in a criminal case who willfully chooses not to speak, as opposed to one who does not speak because he is physically or psychologically unable to do so (see aphonia and muteness, respectively). In British jurisprudence, a separate trial is held before the main trial to determine whether the defendant is mute of malice or mute due to "visitation of God." In the past, if he was found by the jury to be mute of malice, he would be tortured until he spoke or died.