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Results for arraignment
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[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.
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
"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 (usuallyguilty, not guilty or nolo contendere)." Kamisar, LaFave & Israel, Modern Criminal Procedure 23 (9th ed. 1999).
The noun has one meaning:
Meaning #1:
a legal document calling someone to court to answer an indictment
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| Criminal procedure |
|---|
| Investigating and charging crimes |
| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock-and-announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| Grand jury |
| Criminal prosecution |
| Statute of limitations · Nolle prosequi |
| Bill of attainder · Ex post facto law |
| Criminal jurisdiction · Extradition |
| Habeas corpus · Bail |
| Inquisitorial system · Adversarial system |
| Charges and pleas |
| Arraignment · Indictment |
| Plea · Peremptory plea |
| Nolo contendere (U.S.) · Plea bargain |
| Presentence Investigation |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals |
| Law · Criminal justice |
Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar), which set out reasons why a trial cannot proceed. In addition, US jurisdictions allow pleas of "nolo contendere" (no contest) and the "Alford plea" 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 they plead guilty or not guilty to each individual charge.
If the defendant pleads guilty an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During that hearing the judge will assess the offense, mitigating factors, and the defendant's character; and then pass sentence. If the defendant pleads not guilty, a date will be set for a preliminary hearing or trial.
In the past, a defendant who refused to plead (or "stood mute") would be subject to peine forte et dure (Law French for "strong and hard punishment"). But today in all common law jurisdictions, defendants who refuse to enter a plea will have a plea of not guilty entered for them on their behalf.
The US Federal Rules of Criminal Procedure state: "...arraignment shall...[consist of an] open...reading [of] the indictment...to the defendant...and calling on him to plead thereto. He shall be given a copy of the indictment...before he is called upon to plead."
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Copyrights:
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 | Dictionary. Webster 1913 Dictionary edited by Patrick J. Cassidy Read more |
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| Antonyms. © 1999-2008 by Answers Corporation. All rights reserved. Read more |
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| Law Dictionary. Law Dictionary. Copyright © 2003 by Barron's Educational Series, Inc. All rights reserved. Read more |
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| WordNet. WordNet 1.7.1 Copyright © 2001 by Princeton University. All rights reserved. Read more |
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| Wikipedia. This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Arraignment". Read more |
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