From Wikipedia, the free encyclopedia

This article does not cite any references or sources. (July 2007) Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed.

Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest  · Detention Right to silence · Miranda warning (U.S.) 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."

This law-related article is a stub. You can help Wikipedia by expanding it.