Arraignment
Encyclopedia
Arraignment is a formal reading of a criminal
complaint
in the presence of the defendant
to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea
. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar) setting out reasons why a trial cannot proceed. Pleas of "nolo contendere
" (no contest) and the "Alford plea
" are allowed in some circumstances.
In England, Wales, and Northern Ireland
, arraignment is the first of eleven stages in a criminal trial, and involves the clerk
of the court
reading out the indictment
. The defendant is asked whether he or she pleads guilty or not guilty to each charge. This process is the same in Australian jurisdictions.
In federal courts in the United States, arraignment takes place in two stages. The first is called the initial arraignment and must take place within 48 hours of an individual's arrest. During this arraignment the defendant is informed of the pending legal charges and is informed of his or her right to retain counsel. The presiding judge also decides at what amount, if any, to set bail. During the second arraignment, a post-indictment arraignment or PIA, the defendant is allowed to enter a plea.
usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factor
s, and the defendant's character, and passes sentence
.
If the defendant pleads not guilty, a date is set for a preliminary hearing
or a trial
.
In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure (Law French
for "strong and hard punishment"). Today in common-law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to silence
.
, "arraignment shall [...] [consist of an] open [...] reading [of] the indictment
[...] to the defendant [...] and call[] on him to plead thereto. He/she shall be given a copy of the indictment [...] before he/she is called upon to plead."
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
complaint
Complaint
In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons that the filing party or parties In legal terminology, a complaint is a formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties In...
in the presence of the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar) setting out reasons why a trial cannot proceed. Pleas of "nolo contendere
Nolo contendere
is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of...
" (no contest) and the "Alford plea
Alford plea
An Alford plea in United States law is a guilty plea in criminal court, where the defendant does not admit the act and asserts innocence...
" are allowed in some circumstances.
In England, Wales, and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, arraignment is the first of eleven stages in a criminal trial, and involves the clerk
Court clerk
A court clerk is an officer of the court whose responsibilities include maintaining the records of a court. Another duty is to administer oaths to witnesses, jurors, and grand jurors...
of the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
reading out the indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
. The defendant is asked whether he or she pleads guilty or not guilty to each charge. This process is the same in Australian jurisdictions.
In federal courts in the United States, arraignment takes place in two stages. The first is called the initial arraignment and must take place within 48 hours of an individual's arrest. During this arraignment the defendant is informed of the pending legal charges and is informed of his or her right to retain counsel. The presiding judge also decides at what amount, if any, to set bail. During the second arraignment, a post-indictment arraignment or PIA, the defendant is allowed to enter a plea.
Form of the arraignment
The wording of the arraignment varies from jurisdiction to jurisdiction. However, it generally conforms with the following principles:- The accused person (defendantDefendantA defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
) is addressed by nameNameA name is a word or term used for identification. Names can identify a class or category of things, or a single thing, either uniquely, or within a given context. A personal name identifies a specific unique and identifiable individual person, and may or may not include a middle name...
; - The chargeCriminal chargeA criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
against the accused person is read, including the alleged date, time, and place of offence; and, - The accused person is asked formally how he or she pleaPleaIn legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
ds.
Guilty and not-guilty pleas
If the defendant pleads guilty, an evidentiary hearingPreliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factor
Mitigating factor
A mitigating factor, in law, is any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence.-Death penalty in the United States:...
s, and the defendant's character, and passes sentence
Sentence (law)
In law, a sentence forms the final explicit act of a judge-ruled process, and also the symbolic principal act connected to his function. The sentence can generally involve a decree of imprisonment, a fine and/or other punishments against a defendant convicted of a crime...
.
If the defendant pleads not guilty, a date is set for a preliminary hearing
Preliminary hearing
Within some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
or a trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
.
In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure (Law French
Law French
Law French is an archaic language originally based on Old Norman and Anglo-Norman, but increasingly influenced by Parisian French and, later, English. It was used in the law courts of England, beginning with the Norman Conquest by William the Conqueror...
for "strong and hard punishment"). Today in common-law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to silence
Right to silence
The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world's legal systems....
.
Pre-trial Release
This is also often the stage at which arguments for or against pre-trial release and bail are made, depending on the alleged crime and jurisdiction.United States Federal Rules of Criminal Procedure
Under the Federal Rules of Criminal ProcedureFederal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
, "arraignment shall [...] [consist of an] open [...] reading [of] the indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
[...] to the defendant [...] and call[] on him to plead thereto. He/she shall be given a copy of the indictment [...] before he/she is called upon to plead."