All of us have seen arraignments portrayed in movies and on television. The details can change depending on the circumstances of the alleged crime, but the essential elements of each arraignment are the same: a person who has been arrested by the police or other law enforcement agency appears before a judge in a courtroom, hears the specific charges being filed by the district attorney's office, and then pleads guilty or not guilty.
This scene is so familiar that it's easy to overlook how this simple hearing highlights many of the fundamental relationships between the individual and the government - including government's public safety function, individuals' constitutional rights, and the system of separation of powers that seeks to promote both safety and rights.
At an arraignment, the defendant hears the "complaint" being filed by the district attorney's office based on the details of the arrest documents provided by the police. The complaint specifies which laws the defendant is alleged to have violated, as well as the severity of those charges (some violations can be charged as either a misdemeanor or a felony). The judge ensures that the defendant understands his constitutional rights and, if appropriate, sets bail.
For misdemeanors, there is just this one arraignment, which is followed by pre-trial conferences and motions, and a trial if necessary. For felonies, there are actually two arraignments. The first arraignment described above is followed by a preliminary hearing at which the judge decides whether enough evidence exists that a crime occurred and that the defendant might have been involved. If the judge determines that the district attorney may proceed with the case, the "prelim" is then followed by a second arraignment, where the DA files an "information," a second version of the complaint that takes into account any rulings made by the judge at the prelim. The defendant again enters a plea of guilty or not guilty.
As mentioned above, the arraignment demonstrates key principles of the criminal justice system.
- First, though the police or sheriff's departments have the ability to make an arrest, they do not have the authority to file criminal charges. After the police have made an arrest, gathered evidence, and documented their actions, they turn their findings over the district attorney's office, which decides which criminal charges - if any - to bring against the defendant.
- Second, the defendant has the right to be informed of the charges against him and to make a public declaration of his guilt or innocence.
- Third, the defendant is represented by a criminal defense lawyer who presents the defendant's version of events, provides legal arguments that support the defendant, and ensures that the police followed established procedures and the district attorney presents an accurate account of what occurred.
- Fourth, all of this takes place before an impartial judge who interprets the law in light of the details of each case and makes sure that all parties abide by court rules.
