Describe the activities that take place during the arraignment.

Question

What will be an ideal response?

Answer 1

Answers may vary.A grand jury gives its indictments to a judge, who summons those indicted to court for arraignment. At the arraignment, the judge makes sure that the defendant has an attorney and appoints one if necessary. The indictment is then read to the defendant, and the defendant is asked to plead guilty or not guilty. It is customary for defendants to plead not guilty at this time, even those who ultimately plead guilty. The reasons for a not-guilty plea at this stage involve providing opportunities for both plea bargaining and discovery, so that the defendant's attorney can review some of the evidence against the defendant.In criminal cases, defendants and their attorneys want to be aware of the evidence the prosecution will use to prove its case. In civil trials, each side is entitled to discovery-that is, each side has a right to depose (or question) the witnesses on the opposing side, and to review and copy documents that the other side might use at trial.Just how much the prosecution must reveal to the defense varies widely. Some states require prosecutors to turn over to the defense all reports, statements by witnesses, and physical evidence. Most states require only that the prosecutor share certain evidence (e.g., laboratory reports) and evidence that is exculpatory (i.e., that tends to show the defendant is not guilty or suggests that prosecution witnesses are not credible). In general, states require the defense to turn over the same types of materials that the prosecution must turn over. If the prosecution is required to reveal laboratory reports, the defense will likewise be required to share such reports. In many states, the defense is required to notify the prosecution if it intends to rely on certain defenses, notably insanity and alibi defenses. The reason for requiring such pretrial notice is to give the state an opportunity to investigate the claim and avoid being surprised at trial. During the discovery phase of the case, both sides file pretrial motions seeking favorable rulings on the admissibility of evidence. Motions commonly filed by the defense are the following:• Motion for separate trials• Motion to sever counts• Motion for change of venue• Motion to suppress a confession or other statement by the defendant• Motions in limine