Stages of a Criminal Trial, Essay Example

For the defendant in a criminal proceeding, the arraignment will be the first time that he or she appears in court. During this appearance, the defendant will enter a plea, decisions on bond will be made, and a tentative trial date will be set. Because of the sheer number of trial aspects that are decided, this is a pivotal point in the proceeding which heavily affects the rests of process. The main purposes of the arraignment are to formally read charges, enter a plea, and to determine the future proceedings of the court in regards to the case.

The arraignment is held after the arrest and booking of the defendant. After law enforcement has brought charges against an arrested individual, the arraignment serves as the first formal reading of charges. Due to the Sixth Amendment, the accused has rights to counsel at this time, and any time after arrest (Bloom 309). Of course, defendants are also granted free counsel if they are unable to afford counsel. Presumably, counsel will have met extensively with the accused and gone through pre trial plea bargaining. The arraignment also denotes the beginning of the formal trial process.

It is important to note that, in the Rosen V The United States, the reading of the charges was challenged in an obscenity case. Carll argued that, because the charges read had toned down language that was deemed obscene, it failed to properly act as a formal reading of charges. The Supreme Court ruled that, despite its inexactness of language, the charges were still properly levied (Rosen v US). This goes to show that, though reading of charges is a formal process, it is not subject to laying out exacting details at this stage. This goes to show that arraignments play little to no part in the proving of a crime beyond a reasonable doubt. Instead, it is more a formal procedural process that serves only to determine the future actions of the court.

After the reading of the charges against the defendant, the plea is entered. The defendant can typically plea guilty or not guilty, though there are times when other pleas such as “no contest” may be entered, though this does not apply to every criminal trial. The plea is ultimately up to the defendant to decide for himself or herself. Counsel may only advise, and prosecutor’s may only offer deals. A defendant, being of sound mind, must make the final decision for his or her plea.

If the defendant pleads guilty, then the process will proceed beyond the trial phase and enter to the sentencing phase. If the defendant pleads not guilty, then the trial must move forward in to the pretrial phases and on to the trial itself. It is important to note that pleas are influenced by pre-arraignment plea bargaining and deals made with prosecutors. These bargains affect the pleas and the course of the trial. Should a defendant plead guilty based on a bargain, the sentencing could be affected (McConville 14).

In the event of a plea of not guilty and the necessity for further trial, the arraignment is the point at which a judge can assign bail and decide whether or not a defendant should be allowed to be released on bond. This decision is based on a number of factors, from the history of the defendant to the severity of the crime. Typically nonviolent offenders without an extensive history of criminal offenses will be released on somewhat affordable bail.

Beyond the arraignment, the accused faces a trial and possible sentencing with punishment. At the arraignment, he or she chooses how to pursue the charges against him or her. A plea of guilty is often unwise unless a plea agreement has already been arranged, since a trial would give a defendant a better chance of avoiding lengthy prison terms.

References

Bloom, Robert M. and Brodin, Mark S. Criminal Procedures, Examples, The Constitution and the Police (2006). New York, New York: Aspen Publishers.

McConville, Mike. Jury Trials and Plea Bargaining: A True History (2005). Oxford, New York: Hart Publishing.

Rosen v. United States. 161 U. S. 32, 33 (1896).