ARRAIGNMENT (from Lat. ad, to, and rationare, to reason, call to account)

This article appears in Volume V02, Page 642 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: ARN-AUD

ARRAIGNMENT (from Lat. ad, to, and rationare, to reason, call to account) , a law

term

TERM

, properly denoting the calling of a person to answer in form of law upon an indictment. After a true

bill

BILL

has been found against a prisoner by the grand jury, he is called by name to the bar, the indictment is read over to him, and he is asked whether he be guilty or not of the offence charged. This is the arraignment. Formerly, it was usual to require the prisoner to hold up his hand, in order to identify him the more completely, but this practice is now obsolete, as well as that of asking him how he will be tried. His plea in answer to the charge is then entered, or a plea of not guilty is entered for him if he stands mute of malice and refuses to plead, If a person is mute by the visitation of God (i.e. deaf and dumb), it will be no bar to an arraignment if intelligence can be conveyed to him by signs or symbols. If he pleads guilty, sentence may be passed forthwith; if he pleads not guilty, he is then given in charge to a jury of twelve men to inquire into the truth of the indictment. He may also plead in abatement, or to the

jurisdiction

JURISDICTION
JURISDICTION, CRIMINAL LAW, DIVORCE

, or demur on a point of law. Several defendants, except those enti1ed to the privilege of peerage, charged on the same indictment, are arraigned together.
In Scots law the

term

TERM

for arraignment is calling the diet.
The Clerk of Arraigns is a subordinate officer attached to

assize

ASSIZE

courts and to the Old

Bailey

. He is appointed by the clerk of

assize

ASSIZE

(see ASSIZE) and acts as his

deputy

DEPUTY (through the Fr. from a Late Lat. use of deputare, to cut off, allot; putare having the original sense of to trim,
prune
- PRUNE (adapted in various forms, e.g. prunne, proyne, &c., from Fr. prune, Med. Lat. pruna, Lat. prunum, Gr. irpovvov, earlier Trpouľvov, plum)
)

. He assists at the arraignment of prisoners, and puts the formal questions to the jury when delivering their

verdict

VERDICT (O. Fr. verdit, Lat. vere dictum, truly said, used in Late Latin in one word with its present significance)

.

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