Corbitt v. New Jersey

Mr. Justice Stevens,

with whom Mr. Justice Brennan and Mr. Justice Marshall join, dissenting.

The concept of a “false” not-guilty plea has no place in our jurisprudence.1 A defendant has a constitutional right to require the State to support its accusation with evidence.2 He is therefore given an unqualified right — before trial when he retains the presumption of innocence — to plead not guilty.3 *229Because the entry of such a plea cannot at once be criminally punishable and constitutionally protected, a statute that has no other purpose or effect than to penalize assertion of the right not to…