Arraignment

Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform them of charges against them. 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".

Table of contents

1 Guilty and Not Guilty pleas 2 What if the defendant enters no plea? 3 The Federal Rules of Criminal Procedure

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 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.

What if the defendant enters no plea?

In the past, a defendant who refused to plea (or, "stood mute") would be subjected to peine forte et dure. But today in all common law jurisdictions a defendant who refuses to enter a plea has a plea of not guilty entered for them on their behalf.

The Federal Rules of Criminal Procedure

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."