Arraignment in the United States

An early step in the criminal process where a defendant is formally charged. The arraignment typically occurs after a defendant is bound over; that is, following an indictment or the filing of an information. At the arraignment, the defendant appears before the trial court, is informed of the charge, and is instructed as to the various responses that can be made. A defendant may plead guilty at the arraignment, but that is unusual when felony charges are involved. More likely, a defendant will enter a not guilty plea or stand mute, in which case a trial is scheduled. In some jurisdictions, an arraignment occurs as the initial step in the criminal process. In such circumstances, a defendant is more fully informed of constitutional protections. Counsel may be appointed if the defendant is indigent, and the question of pretrial release is considered. The defendant is not expected to enter any kind of response at the initial appearance.

Analysis and Relevance

The arraignment is one of the methods used to ensure that criminal defendants are extended due process of law. Charges are specified at the arraignment so that a defendant can begin preparing a defense. Defendants are also apprised of their legal options at the arraignment. Furthermore, it is necessary that an arraignment follows an arrest in a timely fashion. A speedy arraignment shortens the detention period and, as a result, reduces the opportunity for law enforcement officials to inappropriately obtain incriminating statements from a defendant. Indeed, Supreme Court decisions such as Mallory v. United States (354 U.S. 449: 1957) have adopted a delay in arraignment rule whereby all incriminating statements obtained as a result of unnecessary delay may not be used at trial. As important as the arraignment is, judges in large municipal courts often arraign a number of defendants at once, a practice that contributes to an “assembly line” or “bureaucratic” image of court operations.

Notes and References

Definition of Arraignment from the American Law Dictionary, 1991, California

Arraignment Definition

In criminal practice. Calling the defendant to the bar of the court, to answer the accusation contained in the indictment. The first step in the proceeding consists in calling the defendant to the bar by his name, and commanding him to hold up his hand. This is done for the purpose of completely identifying the prisoner as the person. named in the indictment. The holding up his hand is not, however, indispensable, for, if the prisoner should refuse to do so, he may be identified by any admission that he is the person intended. 1 W. Bl. 33. See Archb. Crim. PI. (1859 Ed.) 128.. The second step is the reading the indictment to the accused person. This is done to enable him fully to understand the charge to be produced against him. The mode in which it is read is, after saying, A. B. hold up your hand, to proceed, You stand indicted by the name of A. B., late of, etc., for that you, on, etc., and then go through the whole of the indictment. The third step is to ask the prisoner: How say you [A. B.], are you guilty, or not guilty? Upon this, if the prisoner confesses the charge, and it appears to the satisfaction of the judge that he ijghtly comprehends the effect of his plea, the confession is recorded, and nothing further is done till judgment. If, on the contrary, he answers, Not guilty, that plea is entered for him, and the clerk or attorney general.replies that he is guilty; when an issue is formed. 1 Mass. 95. If the defendant, when called upon, makes no answer, and it is a matter of doubt whether or not he is mute of malice, the court may direct a jury to be forthwith impaneled and sworn, to try whether the prisoner is mute of malice or ex visitor tione Dei; and such jury may consist of any twelve men who may happen to be present. If a person is found to be mute ex visitatione Dei, the court, in its discretion, vrill use such means as may be sufficient to enable the defendant to understand the charge and make his answer ; and if this is found impracticable, a plea of not guilty will be entered, and the trial proceed. But if the jury return a verdict’ that he is mute fraudulently and willfully, the court will pass sentence as upon a conviction. 1 Mass. 103; 13 Mass. 299; 9 Mass. 402; 10 Mete. (Mass.) 222; Archb. Crim. PI. (14th London Ed.) 129; Car. Crim. Law, 57; 3 Car. & K. 121; Roscoe, Crim. Ev. (4th London Ed.) 215. See the case of a deaf person who could not be induced to plead (1 Leach, C. C. [4th Ed.] 451) ; of a person deaf and dumb (1 Leach, C. C. [4th Ed.] 102; 14 Mass. 207; 7 Car. & P. 303; 6 Cox, C. C. 386; 3 Car. & K. 328). See Peine et Forte Dure.

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Legal Issue for Attorneys

In criminal practice. Calling the defendant to the bar of the court, to answer the accusation contained in the indictment. The first step in the proceeding consists in calling the defendant to the bar by his name, and commanding him to hold up his hand. This is done for the purpose of completely identifying the prisoner as the person. named in the indictment. The holding up his hand is not, however, indispensable, for, if the prisoner should refuse to do so, he may be identified by any admission that he is the person intended. 1 W. Bl. 33. See Archb. Crim. PI. (1859 Ed.) 128.. The second step is the reading the indictment to the accused person. This is done to enable him fully to understand the charge to be produced against him. The mode in which it is read is, after saying, A. B. hold up your hand, to proceed, You stand indicted by the name of A. B., late of, etc., for that you, on, etc., and then go through the whole of the indictment. The third step is to ask the prisoner: How say you [A. B.], are you guilty, or not guilty? Upon this, if the prisoner confesses the charge, and it appears to the satisfaction of the judge that he ijghtly comprehends the effect of his plea, the confession is recorded, and nothing further is done till judgment. If, on the contrary, he answers, Not guilty, that plea is entered for him, and the clerk or attorney general.replies that he is guilty; when an issue is formed. 1 Mass. 95. If the defendant, when called upon, makes no answer, and it is a matter of doubt whether or not he is mute of malice, the court may direct a jury to be forthwith impaneled and sworn, to try whether the prisoner is mute of malice or ex visitor tione Dei; and such jury may consist of any twelve men who may happen to be present. If a person is found to be mute ex visitatione Dei, the court, in its discretion, vrill use such means as may be sufficient to enable the defendant to understand the charge and make his answer ; and if this is found impracticable, a plea of not guilty will be entered, and the trial proceed. But if the jury return a verdict’ that he is mute fraudulently and willfully, the court will pass sentence as upon a conviction. 1 Mass. 103; 13 Mass. 299; 9 Mass. 402; 10 Mete. (Mass.) 222; Archb. Crim. PI. (14th London Ed.) 129; Car. Crim. Law, 57; 3 Car. & K. 121; Roscoe, Crim. Ev. (4th London Ed.) 215. See the case of a deaf person who could not be induced to plead (1 Leach, C. C. [4th Ed.] 451) ; of a person deaf and dumb (1 Leach, C. C. [4th Ed.] 102; 14 Mass. 207; 7 Car. & P. 303; 6 Cox, C. C. 386; 3 Car. & K. 328). See Peine et Forte Dure.

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Notice

This definition of Arraignment Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Plain-English Law

Arraignment as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

A court appearance in which a criminal defendant is formally charged with a crime and asked to respond by entering a plea, most commonly guilty, not guilty, or nolo contendere.

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Related Case Law

Barker v. Wingo, 407 U.S. 514, 530 (1972).

Boykin v. Alabama, 395 U.S. 238 (1969).

County of Riverside v. McLaughlin, 500 U.S. 44 (1991).

Garland v. Washington, 232 U.S. 642 (1914).

Gerstein v. Pugh, 420 U.S. 103 (1975).

Gideon v. Wainwright, 372 U.S. 335 (1963).

Johnson v. Zerbst, 304 U.S. 458 (1938).

Mallory v. United States, 354 U.S. 449 (1957).

McNabb v. United States, 318 U.S. 332 (1943).

Arraignment Definition in the context of the Federal Court System

A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty, not guilty, or nolo contendere (no contest).

Arraignment