Arraignment

• Author: Jeffrey Lehman, Shirelle Phelps

Page 348

A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the proceeding at which the court determines whether to set bail for the defendant or release the defendant on his or her own recognizance.

Although the initial appearance of the arrested person before a magistrate is sometimes referred to as an arraignment, it is not a true arraignment, which only comes after the defendant has been both arrested and formally charged. In all but extremely rare cases, arraignment also takes place before any suppression hearings and the trial itself. The interests at issue in an arraignment are the defendant's right to know of the charges against him or her and the defendant's right to have adequate information from which to prepare a defense. The state also has an interest in having the defendant make a plea so it can prepare accordingly.

The SIXTH AMENDMENT to U.S. Constitution guarantees that defendants shall "be informed of the nature and cause of the accusation against them." But the Sixth Amendment does not guarantee defendants the right to be informed of the charged offense at an arraignment. Although the Supreme Court...