Arraignment, in the practice of the criminal law in England, means calling a prisoner by his name to the bar of the court to answer the matter charged upon him in the indictment. His innocence being presumed, it is the law, and is so laid down in the most ancient books, that, though charged upon an indictment of the gravest nature, he is entitled to stand at the bar in the form and in the garb of a free man, without irons or any manner of shackles or bonds, unless there be evident danger of his escape, or of violence at his hands. When arraigned on the charge of treason or felony, the prisoner may be called upon by name to hold up his hand, by which he is held to confess his identity with the person charged. This form, however, is not an essential part of the proceedings at the trial, and it is sufficient for the prisoner, when arraigned, to confess his identity by verbal admission or otherwise. When thus duly arraigned, the indictment is distinctly read over to the accused in the English tongue, and he then either confesses the fact—that is, admits his guilt—or he puts himself upon his trial by a plea of 'Not guilty.' Formerly, an incident of the arraignment sometimes was the prisoner's standing mute, as it was called—that is, refraining from, or refusing, a direct answer to the indictment; in which case the court proceeded to inquire whether the silence was of malice on the part of the prisoner, or was produced by the visitation of God, and to deal with him accordingly (see PEINE FORTE ET DURE). But by the 7 and 8 Geo. IV. chap. 28, sect. 2, it is enacted that where a prisoner shall stand mute of malice, it shall be lawful for the court to order the proper officers to enter a plea of 'Not guilty,' on which the trial shall proceed, as if the plea had been actually pleaded by the prisoner himself. Where, however, there is room for doubt as to the sanity of the prisoner standing mute, a jury consisting of any twelve persons who may happen to be present is forthwith charged to inquire whether he has intellect enough to plead and to understand the course of the proceedings. If they find the affirmative, the plea of 'Not guilty' is entered, and the trial goes on; but if the negative, the insane person is ordered by the court to be kept in strict custody during Her Majesty's pleasure, according to the 39 and 40 Geo. III. chap. 94, sect. 2.
In the Scotch criminal law, the expression Calling the Diet corresponds to arraignment. The prisoner is called upon by name by the presiding judge to attend to the indictment against him, which is read aloud by the clerk, and the prisoner is then required to plead, as in England, either 'Guilty' or 'Not guilty.' If 'Not guilty,' the trial proceeds—the prisoner, either by himself or his counsel, having always the last word.
The term arraignment is derived from the French arraisonner, the ancient form of which, according to Littre, is araisnier. See TRIAL, INDICTMENT, INFORMATION, PROSECUTION, PLEA, VERDICT, NOT PROVEN.