Arraignment
Arraignment is a crucial legal process that occurs shortly after a criminal defendant's arrest, marking their first formal appearance in court. During this hearing, defendants are presented with the formal charges against them, which are read aloud in open court. They are required to enter a plea—typically "guilty," "not guilty," or "no contest"—to the allegations. If defendants do not have legal representation, they can request to have an attorney appointed by the court if they cannot afford one. The arraignment also serves to confirm the defendants' right to be present and to ensure they are arraigned within a specific timeframe, typically between twenty-four to forty-eight hours after arrest. This process is essential for upholding the Sixth Amendment rights, which guarantee due process. Additionally, if defendants choose to delay their plea or refuse to enter one, the court may enter a "not guilty" plea on their behalf. Overall, arraignments play a significant role in the judicial system, providing defendants with a structured opportunity to understand the charges and respond appropriately.
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Arraignment
SIGNIFICANCE: To meet their burden under the Sixth Amendment of providing due process to defendants, courts are required formally to arraign defendants before trying them.
After criminal defendants are arrested, their first appearances in court are arraignments. The Federal Rules of Criminal Procedure specify that at the arraignment hearings, defendants are read in open court the formal criminal complaints against them. These complains should outline the crimes of which the defendants stand accused. Defendants are then required to enter a plea to the charges. If the defendants are without attorneys, they may request the opportunity to secure them. If they cannot afford attorneys, they may request that the court appoint attorneys for them.
If the defendants wish to wait to enter pleas because they have not yet consulted with attorneys or if they refuse to enter pleas, the judges may enter pleas of “not guilty” on their behalf. Defendants may also enter preemptory pleas, which explain why the trials cannot legally go forward. When defendants plead not guilty, trial dates may be set at the arraignments.
Defendants have the right to be present at their own arraignments. They also have the constitutional right to be arraigned within twenty-four to forty-eight hours after they are arrested. If they are arrested without previously issued warrants, they have the right to be arraigned within forty-eight hours to allow time for judicial determinations of probable cause for their arrests. Failures to follow any of these procedures or rules may be considered violations of the defendants’ Sixth Amendment rights under the US Constitution.
Bibliography
Ackerman, Alissa, and Meghan Sacks. Introduction to Criminal Justice: A Personal Narrative Approach. Durham: Carolina Academic, 2016. Print.
Federal Criminal Code and Rules. St. Paul: West, 2003. Print.
Loewy, Arnold H., and Arthur B. LaFrance. Criminal Procedure: Arrest and Investigation. Cincinnati: Anderson, 1996. Print.
Williams, Sarah. "What Is an Arraignment Hearing?" FindLaw, 16 Aug. 2023, www.findlaw.com/criminal/criminal-procedure/arraignment.html. Accessed 20 June 2024.