Q: What is an “arraignment?”
A: As we continue our look into the court procedures governing the criminal process, our next step takes us to the arraignment. We have already learned that a grand jury is big, independent, and the producers of indictments. What comes next is called, the “arraignment.”
We can, of course, look to my Sidebar secret weapon, aka, Black’s Law Dictionary, for some assistance in defining the term, but BLD is not much help: an arraignment is “the initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea.” Well, that makes sense.
Remember last week I told you that the indictment puts you on notice that you have been formally charged with a crime. The arraignment is where that notice becomes quite visible. You are compelled to come to court, sit in front of a judge, and hear the charges that have been alleged against you. Usually, the judge will call your name, your case number, verify that you are the person listed in the indictment, and ask you a few preliminary questions (Can you understand the language? Are you intoxicated? Etc.). With that out of the way, you get to choose whether to have the judge read the indictment or if you would like to waive the reading thereof. Since most people have a copy of the indictment already (usually, that is their invitation to the arraignment), most everyone waives the reading of it.
Now that everyone is on board with what you are being charged with you are asked those ominous words: “How do you plea?” There are many different kinds of pleas in this world, but at this stage, the options are only three: Guilty, Not Guilty, and No Lo Contendere. If you say, “guilty,” then things are pretty well over before they begin. Very rare. No lo contendere, or “I’m not saying I did it and I’m not saying I didn’t do it, I just don’t contest the charges,” is likewise seldom used and, if at all, usually just for misdemeanor crimes.
More often, the response “not guilty” comes from the mouths of the accused. By declaring yourself to be “not guilty” you preserve your presumption of innocence.
Sidebar:
A: As we continue our look into the court procedures governing the criminal process, our next step takes us to the arraignment. We have already learned that a grand jury is big, independent, and the producers of indictments. What comes next is called, the “arraignment.”
We can, of course, look to my Sidebar secret weapon, aka, Black’s Law Dictionary, for some assistance in defining the term, but BLD is not much help: an arraignment is “the initial step in a criminal prosecution whereby the defendant is brought before the court to hear the charges and to enter a plea.” Well, that makes sense.
Remember last week I told you that the indictment puts you on notice that you have been formally charged with a crime. The arraignment is where that notice becomes quite visible. You are compelled to come to court, sit in front of a judge, and hear the charges that have been alleged against you. Usually, the judge will call your name, your case number, verify that you are the person listed in the indictment, and ask you a few preliminary questions (Can you understand the language? Are you intoxicated? Etc.). With that out of the way, you get to choose whether to have the judge read the indictment or if you would like to waive the reading thereof. Since most people have a copy of the indictment already (usually, that is their invitation to the arraignment), most everyone waives the reading of it.
Now that everyone is on board with what you are being charged with you are asked those ominous words: “How do you plea?” There are many different kinds of pleas in this world, but at this stage, the options are only three: Guilty, Not Guilty, and No Lo Contendere. If you say, “guilty,” then things are pretty well over before they begin. Very rare. No lo contendere, or “I’m not saying I did it and I’m not saying I didn’t do it, I just don’t contest the charges,” is likewise seldom used and, if at all, usually just for misdemeanor crimes.
More often, the response “not guilty” comes from the mouths of the accused. By declaring yourself to be “not guilty” you preserve your presumption of innocence.
Sidebar:
Did you realize that this presumption of innocence is not explicitly stated in our U.S. Constitution? It’s kind of like the misnomer that the doctrine, “God helps those who help themselves” is found in the Bible. Actually, the presumption of innocence has been determined to be such a fundamental right that it’s expression in our Constitution was not needed. While Amendments V, VI, and XIV to the Constitution implicitly support the doctrine, it was not until the 1895 case of Coffin v. United States that the Supreme Court wrote: “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” So fundamental is the right that in 1948, the UN even adopted the presumption in drafting Article 11 of the Universal Declaration of Human Rights. The question remains: if this idea is so “fundamental,” where did it begin? Ah! Send that question to opinion@dominionpost.com….
End Sidebar.
With the plea entered, the judge the is required to make a determination of what to do with you until your trial starts.
That is where we will pick up next week. Same bat time….
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Copyright Jeremiah G. Dys 2007. May not be used absent express, written permission. Please contact the author for permission to reprint.
Copyright Jeremiah G. Dys 2007. May not be used absent express, written permission. Please contact the author for permission to reprint.
5 comments:
Everyone needs to know the proper way on how to plead. This site also helps me understand the real meaning of arraignment.
How to plead? Plead properly and in the right time.
How do I plead? I learned a lot more ideas on how to plead properly. Thanks for sharing this post.
How do you plead? Well, thanks for sharing this article about how to plead.
If you ask that question to someone else, they may have different perception to it. But for me, pleading is something that you ask for a favor--a favor that you want it to be taken into consideration.
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