A person who is indicted for a criminal offense , but not yet convicted. It is not, however, a technical term of the law; and in its vernacular usage it seems to imply only a light degree of censure or moral reprobation . Blackstone believes it an abbreviation of the old forms of arraignment , whereby, on the prisoner’s pleading not guilty , the clerk would respond, “culpabilis. pr-it,” i. e., he is guilty and the crown is ready. It was (he says) the viva voce replication , by the clerk, on behalf of the crown, to the prisoner’s plea of non culpabilis ; prit being a technical word, anciently in use in the formula of joining issue. 4 Bl. Comm. 339. But a more plausible explanation is that given by Donaldson, (cited Whart. Lex.,) as follows: The clerk asks the prisoner, “Are you guilty, or not guilty” Prisoner “Not guilty.” Clerk, “Qu’il paroit, [may it prove so.] How will you be tried” Prisoner, ” By God and my country .” These words being hurried over, came to sound, “culprit, how will you be tried” The ordinary derivation is from culpa.
Black’s Law Online Dictionary
