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Arraignment

 

n.

[Cf. OF. arraynement, aresnement.]

1. (Law) The act of arraigning, or the state of being arraigned; the act of calling and setting a prisoner before a court to answer to an indictment or complaint.

2. A calling to an account to faults; accusation.

In the sixth satire, which seems only an Arraignment of the whole sex, there is a latent admonition.
Dryden.

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Antonyms by Answers.com:

arraignment

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n

Definition: indictment
Antonyms: acquittal

Barron's Law Dictionary:

Arraignment

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An initial step in the criminal process wherein the defendant is formally charged with an offense, i.e., given a copy of the complaint or other accusatory instrument, and informed of his or her constitutional rights (e.g., to plead not guilty, be indicted, have a jury trial, be appointed counsel if indigent, etc.). Where the appearance is shortly after the arrest it may properly be called a presentment since no plea is taken, at least not if it is a felony charge. If it is called an arraignment, it is termed an arraignment on the warrant [or on the complaint].
“After the indictment or information is filed, the defendant is arraigned—i.e., he or she is brought before the trial court, and informed of the charges and the pleas that might be entered (usually guilty, not guilty, or nolo contendere).” Kamisar, LaFave, Israel, King, & Kerr, Modern Criminal Procedure 23 (12th ed. 2008).
Word Tutor:

arraignment

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pronunciation

IN BRIEF: n. - A legal document calling someone to court to answer an indictment..

pronunciation During a typical arraignment, a person charged with a crime is called before a criminal court judge — http://criminal.findlaw.com/crimes/criminal_stages/criminal_arraignment/

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Wikipedia on Answers.com:

Arraignment

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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, 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday[1]. 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.

Contents

Form of the arraignment

The wording of the arraignment varies from jurisdiction to jurisdiction.[2] However, it generally conforms with the following principles:

  1. The accused person (defendant) is addressed by name;
  2. The charge against the accused person is read, including the alleged date, time, and place of offense; and,
  3. The accused person is asked formally how he or she pleads.

Video arraignment

Video arraignment is the act of conducting the arraignment process using some form of videoconferencing technology. Use of Video Arraignment system allows the courts to conduct the requisite arraignment process without the need to transport the person who has been formally accused (offender) to the courtroom by using an audio-visual link between the location where the offender is being held and the courtroom.

Use of the video arraignment process addresses the problems associated with having to transport offenders. The transportation of offenders requires time, puts additional demands on the public safety organizations to provide for the safety of the public, court personnel and for the security of the offender population. It also addresses the rising costs of transportation.

Guilty and not-guilty pleas

If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, 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.[3] The rationale for this is the defendant's right to silence.

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 Procedure, "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."

References

  1. ^ Criminal Procedure 8th edition, by Joel Samaha ISBN:9780495913351
  2. ^ In some jurisdictions the wording of the arraignment is set by statute or court practice direction.
  3. ^ In Queensland, Australia, this matter is covered by statute. See s601 of the Queensland Criminal Code.

 
 

 

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Webster's Unabridged Dictionary. Webster 1913 Dictionary edited by Patrick J. Cassidy  Read more
Answers Corporation Antonyms by Answers.com. © 1999-present by Answers Corporation. All rights reserved.  Read more
Barron's Law Dictionary. Law Dictionary. Copyright © 2003 by Barron's Educational Series, Inc. All rights reserved.  Read more
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Wikipedia on Answers.com. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article Arraignment Read more

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