Arraignment is a formal reading of a criminal charging document in the presence of the defendant, to inform them of the charges against them. In response to arraignment, in some jurisdictions, the accused is expected to enter a plea; in other jurisdictions no plea is required. 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.
United States
Under the United 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.[6]
In federal 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, 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday.[7] During this stage, 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 stage, a post-indictment arraignment (PIA), the defendant is allowed to enter a plea.
In New York, a person arrested without a warrant and kept in custody must be brought before to a local criminal court for arraignment "without unnecessary delay."[8] A delay of more than 24 hours is rebuttably presumed to be unnecessary.[9]
In California, arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays.[10][11]
Form of the arraignment
The wording of the arraignment varies from jurisdiction to jurisdiction.[12] However, it generally conforms with the following principles:
- The accused person (defendant) is addressed by name;
- The charge against 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,
- The accused person is asked formally how they plead.
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 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
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.[13] The rationale for this is the defendant's right to silence.
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