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Arraignment
ARRAIGNMENT

Definition: (law) The action of formally bringing somebody to court in order to formally accuse them of a crime.
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* All eleven elements should be in.


1. Purposeful and necessary (to emphasize, see definition).

2. Legal in the eye of the law (this may only be known much later, after appearance in court) (Connect to #4 to #8).

3. Preliminary investigations would have been concluded! That is, not hasty! In other words, there will be a basis or there will be grounds (= charge(s)) for going to court.
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* WHENEVER BROUGHT.
Below the Line
4. Notice has been served on suspect.

5. Court is the appropriate one with jurisdiction and also properly constituted.

6. Proper procedures, such as filing, preliminary objections, if any, etc., are adopted or allowed, by the police or prosecutor or judge.

7. Accused is represented by self or a court appointed counsel or adopts self representation, if approved by court!

8. Plea is taken on appearing, the first time, in front of judge.
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WHATEVER THE CHARGE(S) ...


further below the line


9. Hearing is not postponed once accused has been brought to court's premises or in front of judge. That is, once brought to court, charges must be read, the plea taken and case commenced or a date for a continuation of matter set: that is, appearance is not a 'second' arraignment! (Connect to #8, to reemphasize.)

10. Accused is not handcuffed in the dock while charges are being read and plea is being taken. (Unless circumstances make this shackle inevitable!)
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* WITH OR WITHOUT THE POSSIBILITY OF A BAIL.


much further below the line


11. Witness stand or dock is safe for plea to be taken. That is, accused is fully protected, whatever he may plead.
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SHOULD NOT END IN A TRAVESTY OF JUSTICE.

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