be considered. They are: autrefois convict (or autrefois acquit) – where under the doctrine of double jeopardy, the accused has been previously convicted or acquitted of the same charge and hence cannot be tried again. plea of pardon – where the accused has been pardoned for the offense. No plea entered A defendant who refuses to enter a plea is usually interpreted as giving a plea of not guilty; the Federal Rules of Criminal Procedure, for instance, state, "If a defendant refuses to enter a plea or if a defendant organization fails to appear, the court must enter a plea of not guilty." Similarly, if a defendant attempts to enter an unorthodox plea (a "creative plea"), this will usually be interpreted as a plea of not guilty. One example of this was a defendant accused of a crime committed while protesting a nuclear power plant, who gave his plea as "I plead for the beauty that surrounds us". Until 1772, English law stated that the trial was delayed if a defendant refused to plead guilty or not guilty. Some of these defendants were subjected to peine forte et dure (torture by pressing) until they entered a plea, although some died. The last recorded instance of this was in 1741. This method of torture was only used once in the history of the United States. Giles Corey refused to enter a plea in response to being accused of witchcraft during the Salem Witch Trials and was pressed to death in 1692. United States "Voluntary and intelligent" A defendant who enters a plea of guilty must do so, in the phraseology of a 1938 United States Supreme Court case, Johnson v. Zerbst, "knowingly, voluntarily and intelligently". The burden is on the prosecution to prove that all waivers of the defendant's rights complied with due process standards. Accordingly, in cases of all but the most minor offenses, the court or the prosecution (depending upon local custom and the presiding judge's preference) will engage in a plea colloquy wherein they ask the defendant a series of rote questions about the defendant's knowledge of his rights and the voluntariness of the plea. Typically the hearing on the guilty plea is transcribed by a court reporter, and the transcript is made a part of the permanent record of the case to preserve the conviction's validity from being challenged at some future time. "Intelligent" has been described