Arraignment hearings are one of the important steps in the criminal justice process as they serve as an opportunity for the suspected individual to answer the allegations raised against him or her. This doesn’t clearly state why the public hearing gets a closed reaction, how is it possible to gain control over who witnesses this moment? Is it possible for the family of the accused to watch? The answer isn’t quite straightforward.
In most cases, wars and battles as well as other forms of legal actions like jury investigations or courtroom proceedings are open to the public, but in the case of an arraignment hearing, the situation is different. There are certain principles and regulations which guide the conduct of such submissions such as the attendance of the public and the time when it is allowed to attend. Intermediary Attorney will take care of every such detail.
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Are Arraignment Hearings Public?
Public Access to Arraignment Hearings
With most of the sittings being public events, the majority of them can be considered as public sittings meaning members of the public may generally attend these proceedings as such. It is one of the aims of the legal system to ensure that the system and its players are compliant and can be held accountable. However, the specific rules may differ from jurisdiction to jurisdiction, depending on the type of case or whether the judge issued any orders.
Exceptions to Public Access
While there are many restrictions, the vast majority of arraignment hearings are open to the public. There are perhaps two or three factors to explain why they started. In situations that touch on sensitive topics, such as those involving minors, national security, dirty secrets, or other sensitive information, judges may impose such limitations themselves. It is sometimes the case that, when the case is particularly sensational or contentious, a judge will decide on the spot to close the hearing to the public for a short period of time to minimize public interference.
Can Family Attend Arraignment?
Family Members’ Right to Attend
To answer your question yes; most of the time there is a good chance that all the family members can be present during the occasion of an arraignment[1]. Family members tend to wish to come for the purpose of encouraging the defendant or due to a wish to gain an insight about the legal proceedings. Most of the time, the courts allow such relatives to be in attendance although they may not actually be able to take part in the hearing as such.
Restrictions on Family Attendance
There are however some situations where some family members may be allowed out, for instance due to overcrowding. In such cases, the judge may be inclined to place a restriction on the number of family members allowed access. For some reasons like they disturb the proceedings, some family relations may also be required to get out of the scene.
Can the Public Attend Arraignment?
Public Access Rights to Arraignments
As a general rule the public is invited to attend the hearing of the arraignment in the absence of any special prohibition. Open trials are one of the fundamental elements of fairness in the administration of justice and it is a general expectation of all courts that the public be able to witness the hearings.
Limitations on Public Access
The right of the general public to be present is subject to certain applicable restrictions and has in some cases been blunted. The hearing may be restricted by the presiding judge in case of public disorder arising from the hearing or if embarassing subjects are likely to be touched. There are other instances that prevent the public from exercising their right to be present. In certain instances, the safety of the public may be an issue or sometimes the privacy of the accused person may be in question.
Who Can Attend an Arraignment?
Who is Allowed to Attend?
During an arraignment, this comprises of family members, media representatives, as well as other people of interest, but it also includes the defendant, the defense attorney[2] and the prosecutor. In regard to attendees, that depends on the case at hand and what the judge decides.
Special Permissions for Attendance
Also, there are cases where embargoes are in place and certain individuals require permission to witness the arraignment. For example, if reporters are present, they may have to seek clearance from the court to speak to people involved in the case rehabilitative procedure of settling the facts of the case in a court room. Similarly, members of the general public are expected to obey the set rules as made by the judge and the court.
Who is Present at an Arraignment?
The Key Players at an Arraignment
Another key player aside from the judge and the prosecutor who would participate in the arguing of the state’s position is the defendant together with his or her defense attorney, as well as the defendant being introduced to the charges[3]. How do they do this? The answer is through the multi-step legal process referred to as the arraignment.
Additional Participants in the Arraignment
Who is seeing the other light? The other light gets brighter when court employees including but not limited to clerks, stenographers or bailiffs join the other participants. Or the other light may get more dimmed seeing other former participants such as witnesses or experts called to the earlier stages of the process.
Conclusion
All hearings are not only of classical importance in regard to legal proceedings but also provide open insight towards maintaining equity within the legal framework. As we now know, such family and other members of the public may be allowed to be present in the court during such proceedings, but some restrictions may be placed depending from case too case or jurisdiction to jurisdiction.
Doing this, the aim still remains the same: to present the charges to the person, explain the most important rights to them, and provide immediate prospects of future activities of the particular court. If you are a relative, a lay member of society or the media or a legal practitioner there is quite a good reason to know who is permitted and why as this will assist you in understanding the dynamics surrounding the hearings.
FAQs on Who Can Attend Arraignments?
Can family members attend an arraignment?
Yes, family members usually have the right to witness an arraignment. However, if the courtroom is full or there is concern for privacy issues, there may be some limitations. It is still best to check with the court in advance.
Can the public attend an arraignment?
Usually, we the general public have the right and ability to attend and witness an arraignment, unless a judge specifically ordered to close it. Such cases include where a case involves a minor, or where there are chances that the impartiality of the case may be at risk. It is advisable to clear such issues ahead of time.
What role does the judge play at an arraignment?
The judge is in charge of the entire hearing and makes sure that the defendant is aware of the charges against him and what his plea is. They set bail rules, decide on the date of trial, and other procedural questions.
Who typically attends an arraignment?
Main participants of the session are the defendant, his legal representative, a prosecutor, a judge and court personnel. In a significant case, there may also be media representatives. Family members of the accused are often allowed, too.
Can anyone attend an arraignment hearing?
Stated simply, people are free to attend the hearing except in certain cases where it is ruled confidential, may be for privacy or security. In all other cases, without restrictions, the public has a latitude to be present in the hearings.
References
We value truthful content. 3 sources were referenced during research to write this content.
- Just a moment.. (n.d.). Just a moment.. Retrieved from https://www.findlaw.com/criminal/criminal-procedure/arraignment.html
- study.com. (n.d.). study.com. Retrieved from https://study.com/academy/lesson/the-role-of-defense-attorneys-in-law-enforcement.html
- (n.d.). All you need to know about ‘charge’ under the Criminal Procedure Code, 1973 - iPleaders. Retrieved from https://blog.ipleaders.in/need-know-charge-criminal-procedure-code-1973/