At what stage of criminal procedure is the accused asked to enter a plea?
At the arraignment, the accused is informed of the charges, advised of the rights of criminal defendants, and asked to enter a plea to the charges. Sometimes, a plea of guilty is the result of negotiations between the prosecutor and the defendant.
The Arraignment
The defendant may then respond to the charges by entering a plea. Common pleas include guilty, not guilty, or no contest (also known as “nolo contendere”).
The defendant enters a plea to the charges brought by the U.S. Attorney at a court hearing known as arraignment.
During the arraignment, the accused person appears in court to hear the indictment or information read by a judge and to enter a plea.
A plea hearing, which occurs before a judge with all parties present, is often the step right before the trial itself. It's the forum for any last-ditch efforts to resolve the case by agreement. If the case is resolved, the defendant will then enter a plea of guilty or no contest.
The first phase deals with the crime itself and determines whether the defendant is guilty, without reference to insanity. If the defendant is found guilty, then he may raise an insanity defense in the second phase of the trial, which determines his sentence.
The chart summarizes the most common events in the criminal and juvenile justice systems including entry into the criminal justice system, prosecution and pretrial services, adjudication, sentencing and sanctions, and corrections.
In a plea bargain, the defendant and the prosecutor reach an agreement in which the defendant pleads guilty or no contest in exchange for concessions by the prosecutor.
Once an indictment or information has been filed with the trial court, the accused is scheduled for arraignment. At the arraignment, the accused is informed of the charges, advised of the rights of criminal defendants, and asked to enter a plea to the charges.
Arraignment is the correct answer.
What does it mean when a defendant enters a plea?
If an agreement is reached, the defendant typically enters a plea of “guilty” or “no contest.” In contrast, a plea bargain is an informal negotiation between the prosecutor and the defense, which may lead to the defendant having the option to plead guilty to a lesser charge or receive a reduced sentence.
1st Step in the Criminal Justice Process: Arrest
After the arrest, the officers complete the booking process and place the suspect in custody. If the alleged offense is a minor one, the suspect may be issued a citation with instructions to appear in court at a later date.
The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).
During the booking process, a police officer typically takes account of the criminal suspect's personal items, including: Gathering personal information, fingerprints, photographs, searches of the arrestee.
The U.S. Justice Department has developed four types of plea agreements that can be negotiated: charge agreements, recommendation agreements, specific sentence agreements, and fact-stipulation agreements. A charge agreement is an agreement that certain charges will not be pursued or will be dropped.
Plea bargains are agreements between defendants and prosecutors in which defendants agree to plead guilty to some or all of the charges against them in exchange for concessions from the prosecutors.
I plea guilty. He gave a guilty plead. But today, it appears we always use "plead" as a verb and "plea" as a noun, often both referring to the notion of: a legal plea where one pleads guilty or not guilty.
California's criminal justice system can be thought of as having four stages: (1) the commission of the crime, (2) arrest by law enforcement, (3) prosecution of a case in the trial courts, and (4) detention and supervision by corrections agencies.
If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release. Release on bail is contingent on the suspect's promise to appear at all scheduled court proceedings. Bail may be granted to a suspect immediately after booking or at a later bail review hearing.
The following are the basic steps: investigation, arrest, prosecution, indictment / information, arraignment, pretrial detention / bail, plea bargaining, trial, sentencing, appeals, punishment / rehabilitation.
What are the critical stages of trial?
Arraignments, plea negotiations, and sentencing hearings, for example, are all critical stages of a case. If counsel is not present at every one of these critical stages, an actual denial of counsel occurs.
A plea agreement doesn't give a defendant the opportunity to have their case heard by a jury. As a result, an innocent individual may end up serving time for a crime they didn't commit.
The two sides usually compromise on a lesser charge or reduced penalty in exchange for a guilty plea or no contest plea. Before the agreement can be finalized, however, a judge needs to review and approve it.
Invoking your right to remain silent means complete silence in regard to testimony. Testimony may also open the defendant up to perjury charges if they lie, and if they not terribly personable, they could bias the jury against them.
Final answer:
The court asks the defendant to enter a plea at the arraignment stage in the pretrial process.
References
- https://www.pbs.org/wgbh/pages/frontline/shows/crime/trial/faqs.html
- https://selfhelp.courts.ca.gov/criminal-court/overview/sentencing
- http://jec.unm.edu/education/online-training/stalking-tutorial/voir-dire-and-jury-selection
- https://www.law.cornell.edu/wex/finding_of_fact
- https://6ac.org/the-right-to-counsel/effective-assistance-at-critical-stages/
- https://www.justice.gov/usao/justice-101/steps-federal-criminal-process
- https://www.justia.com/trials-litigation/lawsuits-and-the-court-process/evidentiary-standards-and-burdens-of-proof/
- https://www.spolinlaw.com/blog/2020/08/24/what-is-the-substantial-evidence-standard/
- https://www.coursehero.com/file/p50b247/What-two-challenges-can-an-attorney-make-for-potential-jurors-that-he-wishes-to/
- https://study.com/academy/lesson/the-us-criminal-justice-process-definition-steps.html
- https://bencrump.com/faqs/what-is-burden-of-proof-and-why-is-it-important/
- https://www.courts.ca.gov/3954.htm
- https://study.com/academy/lesson/burden-of-proof-definition-cases.html
- https://www.law.cornell.edu/wex/burden_of_proof
- https://www.quora.com/Why-would-the-accused-want-to-remain-silent-in-court
- https://www.law.cornell.edu/wex/expert_witness
- https://www.mad.uscourts.gov/resources/pattern2003/html/patt4cfo.htm
- https://www.bajajdefense.com/criminal-trial-8-main-stages/
- https://www.casdschools.org/site/handlers/filedownload.ashx?moduleinstanceid=7201&dataid=6177&FileName=02-TypesOfEvidence.pdf
- https://www.nycourts.gov/judges/cji/1-general/cji2d.circumstantial_evidence.pdf
- https://www.law.cornell.edu/rules/fre/rule_104
- https://www.losangelescriminallawyer.pro/los-angeles-direct-and-circumstantial-evidence.html
- https://study.com/academy/lesson/challenge-for-cause-definition-criminology-lesson.html
- https://www.investopedia.com/terms/b/burden-proof.asp
- https://7sage.com/bar/lesson/burdens-of-proof/
- https://brainly.com/question/41386133
- https://jsberrylaw.com/blog/when-should-a-defendant-testify/
- https://brainly.com/question/21578389
- https://quizlet.com/590925445/chapter-10-flash-cards/
- https://bjs.ojp.gov/media/image/45506
- https://www.law.cornell.edu/wex/batson_challenge
- https://www.law.cornell.edu/wex/plea_bargain
- https://www.law.cornell.edu/wex/critical_stages_of_proceedings
- https://lawphil.net/judjuris/juri2021/oct2021/gr_241872_2021.html
- https://www.msdeltalaw.com/blog/2023/july/what-is-the-burden-of-proof-in-a-civil-case-/
- https://quizlet.com/337754565/criminal-justice-exam-2-flash-cards/
- https://www.sevenslegal.com/blog/steps-criminal-trial/535/
- https://quizlet.com/24632407/evidence-flash-cards/
- https://www.americanbar.org/groups/litigation/resources/newsletters/pretrial-practice-discovery/withholding-documents-basis-objection-what-know-about-rule-34b2c/
- https://www.qcc.cuny.edu/socialSciences/ppecorino/PHIL_of_RELIGION_TEXT/CHAPTER_5_ARGUMENTS_EXPERIENCE/Burden-of-Proof.htm
- https://en.wikipedia.org/wiki/Burden_of_proof_(philosophy)
- https://kretzerfirm.com/jury-vs-judge-pros-and-cons-of-each-option/
- https://connorreporting.com/photo-video-evidence-always-admissible-court/
- https://www.ojp.gov/ncjrs/virtual-library/abstracts/voir-dire-and-jury-selection-strategies-success
- https://dictionary.law.com/default.aspx?selected=169
- https://law.indiana.edu/instruction/tanford/b723/05prej/T05.pdf
- https://www.federalrulesofcriminalprocedure.org/title-vi-trial/rule-29-motion-for-a-judgment-of-acquittal/
- https://www.ralphbehr.net/scientific-evidence-in-criminal-cases.html
- https://jbassettlaw.com/when-do-i-actually-enter-a-plea-of-guilty-or-not-guilty/
- https://www.law.cornell.edu/wex/beyond_a_reasonable_doubt
- https://www.kacdl.net/content.asp?contentid=212
- https://quizlet.com/325289248/14-steps-in-a-trial-flash-cards/
- https://www.indeed.com/career-advice/career-development/different-types-of-evidence
- https://www.lacriminaldefenseattorney.com/legal-dictionary/c/challenge-for-cause/
- https://www.justice.gov/usao/justice-101/trial
- https://open.lib.umn.edu/criminallaw/chapter/2-4-the-burden-of-proof/
- https://en.wikipedia.org/wiki/Burden_of_proof_(law)
- https://www.law.cornell.edu/wex/after-discovered_evidence
- https://quizlet.com/434317891/cj-100-exam-1-module-3-flash-cards/
- https://bjs.ojp.gov/justice-system
- https://www.law.cornell.edu/wex/prima_facie
- https://quizlet.com/40908468/steps-in-criminal-case-flash-cards/
- https://vindicatelaw.com/stages-of-a-criminal-case/
- https://www.pearsonhighered.com/assets/samplechapter/1/4/0/8/140828071X.pdf
- https://www.quora.com/How-do-you-explain-preponderance-of-the-evidence-to-the-jury-in-a-smart-clever-way
- https://www.law.cornell.edu/wex/criminal_law
- https://english.stackexchange.com/questions/426668/for-how-long-has-plead-been-used-as-a-verb-counterpart-to-plea-noun-even-t
- https://subscription.packtpub.com/book/security/9781783288311/1/ch01lvl1sec12/rules-of-evidence
- https://www.law.cornell.edu/wex/golden_rule_argument
- https://www.law.cornell.edu/wex/preponderance_of_the_evidence
- https://www.justia.com/criminal/procedure/stages-criminal-trial/
- https://quizlet.com/276382806/selecting-the-jury-voir-dire-flash-cards/
- https://www.findlaw.com/criminal/criminal-procedure/what-happens-at-a-plea-hearing.html
- https://www.druganddevicelawblog.com/2023/06/50-state-survey-of-state-court-decisions-supporting-expert-related-judicial-gatekeeping.html
- https://www.law.cornell.edu/wex/exclusionary_rule
- https://selfhelp.courts.ca.gov/criminal-court/overview
- https://www.clio.com/blog/voir-dire/
- https://courses.lumenlearning.com/suny-monroe-law101/chapter/comparing-and-contrasting-civil-and-criminal-law/
- https://quizlet.com/133445276/steps-of-a-trial-flash-cards/
- https://jeffgouldlaw.com/5-steps-in-the-criminal-justice-process/
- https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=7469&context=jclc
- https://www.vtd.uscourts.gov/sites/vtd/files/BURDEN%20OF%20PROOF%20-%20PREPONDERANCE%20OF%20EVIDENCE.pdf
- https://www.whitelawpllc.com/faqs/why-is-the-burden-of-proof-higher-in-criminal-cases/
- https://www.uscourts.gov/educational-resources/educational-activities/participate-judicial-process-rule-law
- https://www.lawyers.com/legal-info/criminal/criminal-law-basics/the-process-of-questioning-potential-jurors.html
- https://lionlegal.com/what-is-burden-of-proof/
- https://www.advocatemagazine.com/article/2018-january/everything-you-wanted-to-know-about-voir-dire
- https://www.justia.com/criminal/plea-bargains/
- https://www.justia.com/criminal/plea-bargains/how-judges-review-plea-bargains/
- https://nij.ojp.gov/nij-hosted-online-training-courses/law-101-legal-guide-forensic-expert/trial/requirements-evidence-admissibility
- https://www.law.cornell.edu/wex/clear_and_convincing_evidence
- https://www.findlaw.com/criminal/criminal-procedure/booking.html
- https://www.courts.ca.gov/1069.htm?rdeLocaleAttr=en
- https://www.law.cornell.edu/wex/admissible_evidence
- https://jsberrylaw.com/blog/pros-and-cons-of-accepting-a-plea-bargain-in-federal-court/
- https://judicature.duke.edu/articles/taking-beyond-a-reasonable-doubt-seriously/
- https://www.demilialaw.com/criminal-defense/what-is-the-burden-of-proof-in-a-criminal-case/
- https://kretzerfirm.com/an-overview-of-the-criminal-trial-process-step-by-step/
- https://banksbrower.com/2023/04/20/what-does-beyond-a-reasonable-doubt-mean/
- https://www.uscourts.gov/about-federal-courts/types-cases/criminal-cases
- https://www.dwilawyerstexas.com/burden-of-proof/
- https://lao.ca.gov/reports/2013/crim/criminal-justice-primer/criminal-justice-primer-011713.aspx
- https://www.findlaw.com/criminal/criminal-procedure/evidence-the-concept-of-admissibility.html
- https://www.justia.com/criminal/docs/stages-of-a-criminal-case/
- https://www.floydcoia.org/352/Steps-of-The-Criminal-Justice-System
- https://www.quora.com/What-is-the-rationale-for-peremptory-challenges-of-prospective-jurors-How-can-they-lead-to-more-just-outcomes-considering-that-jurors-can-be-disqualified-for-cause-if-there-is-an-articulatable-reason
- https://www.askthelawyers.com/read-article/what-is-inadmissible-evidence
- https://www.law.cornell.edu/wex/best_evidence_rule
- https://quizlet.com/543984884/crim-ch-13-flash-cards/
- https://www.law.cornell.edu/wex/shifting_the_burden_of_proof
- https://www.courts.ca.gov/documents/voir_dire_report.pdf
- https://www.ojp.gov/ncjrs/virtual-library/abstracts/basic-guide-plea-bargaining-under-federal-sentencing-guidelines
- https://www.shouselaw.com/ca/blog/laws/preponderance-of-the-evidence-vs-beyond-a-reasonable-doubt/
- https://www.aerlawgroup.com/resources/whats-the-burden-of-proof-in-criminal-cases/
- https://quizlet.com/119913296/criminal-law-chapter-1-flash-cards/
- https://open.lib.umn.edu/criminallaw/chapter/5-2-self-defense/
- https://www.law.cornell.edu/wex/challenge_for_cause
- https://selfhelp.courts.ca.gov/discovery-civil/common-objections
- https://www.libertylawcenter.com/blog/the-12-step-process-of-a-criminal-case/
- https://ndcriminal.com/blog/from-arrest-to-trial-8-steps-in-a-criminal-case-procedure/
- https://judicature.duke.edu/articles/legal-standards-by-the-numbers/
- https://www.harwelllegalcounsel.com/blog/2023/02/how-is-intent-proven-in-a-murder-case/
- https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2426&context=journal_articles
- https://www.justice.gov/enrd/environmental-crime-victim-assistance/criminal-justice-process
- https://www.coloradolaw.net/law-101/burden-of-proof/
- https://www.americanbar.org/groups/criminal_justice/standards/ProsecutionFunctionFourthEdition/
- https://www.law.cornell.edu/wex/peremptory_challenge
- https://www.courts.ca.gov/2240.htm