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In France, the general rule is that one cannot remain in police custody for more than 24 hours from the time of the arrest. However, police custody can last another 24 hours in specific circumstances, especially if the offence is punishable by at least one year's imprisonment, or if the investigation is deemed to requi... |
Germany |
In Germany, if one has been arrested and taken into custody by the police one must be brought before a judge as soon as possible and at the latest on the day after the arrest. |
New Zealand |
In New Zealand law, at the first appearance of the accused, they are read the charges and asked for a plea. The available pleas are: guilty, not guilty, and no plea. No plea allows the defendant to get legal advice on the plea, which must be made on the second appearance. |
South Africa |
In South Africa, arraignment is defined as the calling upon the accused to appear, the informing of the accused of the crime charged against them, the demanding of the accused whether they plead guilty or not guilty, and the entering of their plea. Their plea having been entered, they are said to stand arraigned. |
United Kingdom |
In England, Wales, and Northern Ireland, arraignment is the first of 11 stages in a criminal trial, and involves the clerk of the court reading out the indictment. |
In England and Wales, the police cannot legally detain anyone for more than 24 hours without charging them unless an officer with the rank of superintendent (or above) authorises detention for a further 12 hours (36 hours total), or a judge (who will be a magistrate) authorises detention by the police before charge for... |
United States |
Under the United States Federal Rules of Criminal Procedure, "arraignment shall [...] [consist of an] open [...] reading [of] the indictment [...] to the defendant [...] and call[] on [them] to plead thereto. [They] shall be given a copy of the indictment [...] before [they are] called upon to plead." |
In federal courts, arraignment takes place in two stages. The first is called the "initial arraignment" and must take place within 48 hours of an individual's arrest, 72 hours if the individual was arrested on the weekend and not able to go before a judge until Monday. During this stage, the defendant is informed of th... |
In New York, most people arrested must be released if they are not arraigned within 24 hours. |
In California, arraignments must be conducted without unnecessary delay and, in any event, within 48 hours of arrest, excluding weekends and holidays. |
Form of the arraignment |
The wording of the arraignment varies from jurisdiction to jurisdiction. However, it generally conforms with the following principles: |
The accused person (defendant) is addressed by name; |
The charge against the accused person is read, including the alleged date, time, and place of offense (and sometimes the names of the state's witnesses and the range of punishment for the charge(s)); and, |
The accused person is asked formally how he or she pleads. |
Video arraignment |
Video arraignment is the act of conducting the arraignment process using some form of videoconferencing technology. Use of video arraignment system allows the court to conduct the requisite arraignment process without the need to transport the defendant to the courtroom by using an audio-visual link between the locatio... |
Use of the video arraignment process addresses the problems associated with having to transport defendants. The transportation of defendants requires time, puts additional demands on the public safety organizations to provide for the safety of the public, court personnel and for the security of the population held in d... |
Guilty and not-guilty pleas |
If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence. |
If the defendant pleads not guilty, a date is set for a preliminary hearing or a trial. |
In the past, a defendant who refused to plead (or "stood mute") was subject to peine forte et dure (Law French for "strong and hard punishment"). Today, in common law jurisdictions, the court enters a plea of not guilty for a defendant who refuses to enter a plea. The rationale for this is the defendant's right to sile... |
Pre-trial release |
This is also often the stage at which arguments for or against pre-trial release and bail may be made, depending on the alleged crime and jurisdiction. |
See also |
Desk appearance ticket |
References |
Legal terminology |
Prosecution |
United States criminal procedure |
Criminal law of the United Kingdom |
Australian criminal law "America the Beautiful" is a patriotic American song. Its lyrics were written by Katharine Lee Bates and its music was composed by church organist and choirmaster Samuel A. Ward at Grace Episcopal Church in Newark, New Jersey. The two never met. |
Bates wrote the words as a poem originally entitled "Pikes Peak". It was first published in the Fourth of July 1895 edition of the church periodical, The Congregationalist. It was at that time that the poem was first entitled "America". |
Ward had initially composed the song's melody in 1882 to accompany lyrics to "Materna", basis of the hymn, "O Mother dear, Jerusalem", though the hymn was not first published until 1892. The combination of Ward's melody and Bates's poem was first entitled "America the Beautiful" in 1910. The song is one of the most pop... |
History |
In 1893, at the age of 33, Bates, an English professor at Wellesley College, had taken a train trip to Colorado Springs, Colorado, to teach at Colorado College. Several of the sights on her trip inspired her, and they found their way into her poem, including the World's Columbian Exposition in Chicago, the "White City"... |
On the pinnacle of that mountain, the words of the poem started to come to her, and she wrote them down upon returning to her hotel room at the original Antlers Hotel. The poem was initially published two years later in The Congregationalist to commemorate the Fourth of July. It quickly caught the public's fancy. An am... |
The first known melody written for the song was sent in by Silas Pratt when the poem was published in The Congregationalist. By 1900, at least 75 different melodies had been written. A hymn tune composed in 1882 by Samuel A. Ward, the organist and choir director at Grace Church, Newark, was generally considered the bes... |
Ward died in 1903, not knowing the national stature his music would attain. Bates was more fortunate, since the song's popularity was well established by the time of her death in 1929. It is included in songbooks in many religious congregations in the United States. |
At various times in the more than one hundred years that have elapsed since the song was written, particularly during the John F. Kennedy administration, there have been efforts to give "America the Beautiful" legal status either as a national hymn or as a national anthem equal to, or in place of, "The Star-Spangled Ba... |
Lyrics |
Notable performances |
Bing Crosby included the song in a medley on his album 101 Gang Songs (1961). |
Frank Sinatra recorded the song with Nelson Riddle during the sessions for The Concert Sinatra in February 1963, for a projected 45 single release. The 45 was not commercially issued however, but the song was later added as a bonus track to the enhanced 2012 CD release of The Concert Sinatra. |
In 1976, while the United States celebrated its bicentennial, a soulful version popularized by Ray Charles peaked at number 98 on the US R&B chart. His version was traditionally played on New Year's Eve in Times Square following the ball drop. |
Three different renditions of the song have entered the Hot Country Songs charts. The first was by Charlie Rich, which went to number 22 in 1976. A second, by Mickey Newbury, peaked at number 82 in 1980. An all-star version of "America the Beautiful" performed by country singers Trace Adkins, Sherrié Austin, Billy Dean... |
Popularity of the song increased greatly following the September 11 attacks; at some sporting events it was sung in addition to the traditional singing of the national anthem. During the first taping of the Late Show with David Letterman following the attacks, CBS newsman Dan Rather cried briefly as he quoted the fourt... |
For Super Bowl XLVIII, The Coca-Cola Company aired a multilingual version of the song, sung in several different languages. The commercial received some criticism on social media sites, such as Twitter and Facebook, and from some conservatives, such as Glenn Beck. Despite the controversies, Coca-Cola later reused the S... |
On January 20, 2017, Jackie Evancho released Together We Stand, a disc containing three patriotic songs including "America the Beautiful". The song charted at No. 4 on Billboard's Classical Digital Song sales chart. |
An abbreviated cover with the 1911 lyrics was performed by Greg Jong for the soundtrack of the 2020 video game Wasteland 3, and is played during the final hostile encounters in the Denver section. |
Jennifer Lopez performed the song at President Joe Biden's inauguration on January 20, 2021 as the second half of a medley with "This Land Is Your Land" by Woody Guthrie. |
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