Arraignment \Ar*raign"ment\, n. [Cf. OF. arraynement,
aresnement.]
1. (Law) The act of arraigning, or the state of being
arraigned; the act of calling and setting a prisoner
before a court to answer to an indictment or complaint.
[1913 Webster]
2. A calling to an account to faults; accusation.
[1913 Webster]
In the sixth satire, which seems only an Arraignment
of the whole sex, there is a latent admonition.
--Dryden.
[1913 Webster] Arraiment
|
ARRAIGNMENT, crim. law practice. Signifies the calling of the defendant to
the bar of the court, to answer the accusation contained in the indictment.
It consists of three parts.
2.-1. Calling the defendant to the bar by his name, and commanding
him to hold up his hand; this is done for the purpose of completely
identifying the prisoner, as the person named in the indictment; the
holding up his hand is not, however, indispensable, for if the prisoner
should refuse to do so, he may be identified by any admission that he is the
person intended. 1 Bl. Rep. 3.
3.-2. The reading of the indictment to enable him fully to
understand, the charge to be produced against him; The mode in which it is
read is, after' saying, "A B, hold up your hand," to proceed, "you stand
indicted by the name of A B, late of, &c., for that you on, &c." and then go
through the whole of the indictment.
4.-3. After this is concluded, the clerk proceeds to the third part,
by adding, "How say you, A B, are you guilty or not guilty?" Upon this, if
the prisoner, confesses the charge, the confession is recorded, and nothing
further is done till judgment if, on the contrary, he answers "not guilty",
that plea is entered for him, and the clerk or attorney general, replies
that he is guilty; when an issue is formed. Vide generally, Dalt. J. h.t.;
Burn's J. h.t.; Williams; J. h.t.; 4 Bl. Com. 322; Harg. St. Tr. 4 vol.
777, 661; 2 Hale, 219; Cro. C. C. 7; 1 Chit. Cr. Law, 414.
|