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Arraignment

From Wikipedia, the free encyclopedia
Not to be confused withArrangement.

Arraignment at theMinistries Trial,20 December 1947

Arraignmentis a formal reading of a criminal charging document in the presence of thedefendant,to inform them of thecriminal chargesagainst them. In response to arraignment, in some jurisdictions, the accused is expected to enter aplea;in other jurisdictions, no plea is required. Acceptable pleas vary among jurisdictions, but they generally includeguilty,not guilty,and theperemptory pleas(pleas in bar) setting out reasons why a trial cannot proceed. Pleas ofnolo contendere('no contest') and theAlford pleaare allowed in some circumstances.

By country[edit]

Australia[edit]

In theAustralian legal system,arraignment is the first stage in a criminal trial.[1]Theindictmentis read to the defendant, who is asked to plead guilty or not guilty. Arraignment procedures vary somewhat among jurisdictions. InNew South Wales,the arraignment takes place before the judge only.[2]InSouth Australianpractice, the jury hears the arraignment.[3]InQueenslandthe indictment is read to the defendant by thejudge's associateprior to the empanelling of the jury.[4]

Canada[edit]

InBritish Columbia,arraignment takes place in one of the first few court appearances by the defendant or their lawyer. The defendant is asked whether they plead guilty or not guilty to each charge.[5]

France[edit]

InFrance,the general rule is that one cannot remain inpolicecustody for more than 24 hours from the time of theirarrest.[6]However, police custody can last another 24 hours in specific circumstances, especially if the offence is punishable by at least one year's imprisonment, or if the investigation is deemed to require the extra time, and can last up to 96 hours in certain cases involvingterrorism,drug trafficking,ororganised crime.[6]The police need to have the consent of the prosecutor, theprocureur.In the vast majority of cases, the prosecutor will consent.[6]

Germany[edit]

InGermany,if one has been arrested and taken into custody by the police, one must be brought before a judge as soon as possible and at the latest on the day after the arrest.[7]

New Zealand[edit]

UnderNew Zealand law,at the first appearance of the accused, they are read the charges and asked for a plea. The available pleas are: guilty, not guilty, and no plea. The response of "no plea" allows the defendant to get legal advice on the plea, which must be made on the second appearance.[8]

South Africa[edit]

InSouth Africa,arraignment is defined as the calling upon the accused to appear, the informing of the accused of the crime charged against them, the demanding of the accused whether they plead guilty or not guilty, and the entering of their plea.

United Kingdom[edit]

InEngland,Wales,andNorthern Ireland,arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment.

In England and Wales, thepolicecannot legally detain anyone for more than 24 hours without charging them, unless an officer with therankof superintendent (or above) authorises detention for a further 12 hours (i.e., 36 hours total), or a judge (who will be amagistrate) authorises detention by the police before charge for up to a maximum of 96 hours; forterrorism-related offences a person can be held by the police for up to 28 days before charge.[9]If they are not released after being charged, they should be brought before a court as soon as practicable.[9]

InScotland,the police cannot detain anyone for more than 12 hours without charging them unless an officer of the rank of superintendent (or above) authorises detention for a further 12 hours (i.e., up to 24 hours in total); for terrorism-related offences a person can be held by the police for up to 14 days before charge.[10]If they are not released after being charged, they should be brought before a court as soon as practicable.[10]

United States[edit]

TheSixth Amendment to the United States Constitutiongrants criminal defendants the right to be notified of the charges against them. Under theUnited States'Federal Rules of Criminal Procedure,arraignment shall consist of an open reading of the indictment (and delivery of a copy) to the defendant, and a call for them to plead.[11]

Infederal courts,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, or within 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday.[12]During this stage, the defendant is informed of the pending legal charges and is informed of his or herright to retain counsel.The presiding judge also decides at what amount, if any, to setbail.During the second stage, the post-indictment arraignment, the defendant is allowed to enter a plea.

InNew York,a person arrested without a warrant and kept in custody must be brought before a local criminal court for arraignment "without unnecessary delay".[13]A delay of more than 24 hours is rebuttably[clarification needed]presumed to be unnecessary.[14]

InCalifornia,arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays.[15][16]

Form of the arraignment[edit]

The wording of the arraignment varies from jurisdiction to jurisdiction.[17]However, it generally conforms with the following principles:

  1. The accused person (defendant) is addressed by name;
  2. Thechargeagainst the accused person is read, including the alleged date, time, and place of offense (and sometimes the names of the state's witnesses and the range of punishment for the charge(s)); and,
  3. The accused person is asked formally how they plead.

Video arraignment[edit]

Video arraignmentis the act of conducting the arraignment process using some form ofvideoconferencingtechnology. Use of video arraignment system allows the court to conduct the requisite arraignment process without the need to transport the defendant to the courtroom by using an audio-visual link between the location where the defendant is being held and the courtroom.

Use of the video arraignment process addresses the problems associated with having to transport defendants. The transportation of defendants 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 population held in detention. It also addresses the rising costs of transportation.

Guilty and not-guilty pleas[edit]

If the defendant pleads guilty, anevidentiary hearingusually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, themitigating factors,and the defendant's character, and passessentence.

If the defendant pleadsnot guilty,a date is set for apreliminary hearingor atrial.

In the past, a defendant who refused to plead (or "stood mute" ) was subject topeine forte et dure(Law Frenchfor "strong and hard punishment" ). Today, incommon lawjurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea.[18]The rationale for this is the defendant'sright to silence.

Pre-trial release[edit]

This is also often the stage at which arguments for or against pre-trial release and bail may be made, depending on the alleged crime and jurisdiction.

See also[edit]

References[edit]

  1. ^"Criminal Trial Process"(PDF).County Court of Victoria, Victoria.Retrieved20 June2024.
  2. ^"Matter goes to the District or Supreme Court".Office of the Director of Public Prosecutions, New South Wales.Retrieved16 May2024.
  3. ^Goodman-Delahunty, Jane (2008).Practices, policies and procedures that influence juror satisfaction in Australia.Australian Institute of Criminology. p. 45.ISBN9781921185670.
  4. ^"Benchbook - Trial Procedure"(PDF).Queensland Courts. June 2021.Retrieved16 May2024.
  5. ^"Court Appearances Before the Trial - Province of British Columbia".www2.gov.bc.ca.Retrieved2 October2023.
  6. ^abc"CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN FRANCE"(PDF).Fair Trials International.Archived(PDF)from the original on 9 October 2022.
  7. ^"CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN GERMANY"(PDF).Fair Trials International.Archived(PDF)from the original on 9 October 2022.
  8. ^"Facing criminal charges from How to Law".
  9. ^ab"Criminal Proceedings and Defence Rights in England and Wales"(PDF).Fair Trials International.Archived(PDF)from the original on 9 October 2022.
  10. ^ab"Criminal Proceedings and Defence Rights in Scotland"(PDF).Fair Trials International.
  11. ^Rule10– viaCornell Law School
  12. ^Samaha, Joel (2012).Criminal Procedure(8th ed.). Thomson Wadsworth.ISBN978-0-495-91335-1.
  13. ^NYS Criminal Procedure Law § 140.20(1).
  14. ^People ex rel. Maxian on Behalf of Roundtree v. Brown,77 N.Y.2d 422, 570 N.E.2d 223 (1991).
  15. ^County of Riverside v. McLaughlin,500 U.S. 44 (1991)
  16. ^"Los Angeles Criminal Court Arraignments | Spolin Law P.C."spolinlaw.com.16 August 2016.Retrieved3 December2016.
  17. ^In some jurisdictions the wording of the arraignment is set by statute or court practice direction.
  18. ^In Queensland, Australia, this matter is covered by statute. See s601 of the QueenslandCriminal Code.
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