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".
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."
