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| What You May Be Feeling |
| Credits: Thank You |
| Guide Contents |
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| Arraignment The arraignment, if you choose to attend, may possibly be your first exposure to the criminal justice process. An arraignment is a court proceeding formally charging the alleged perpetrator with the crime. The accused is brought before a judge, and the Clerk of Courts reads the charges being brought against him. The accused is also informed of his right to have an attorney, and that if he cannot afford to hire an attorney, the court will appoint one to represent him. After the arraignment the accused is referred to as the defendant. |
| The arraignment takes place shortly after a complaint has been issued, usually on the next working day following the arrest. The accused is asked to enter a plea of guilty or not guilty at the arraignment. In most murder cases a plea of not guilty is entered on behalf of the accused. Because the Constitution mandates that all persons are presumed innocent until proven guilty, pleading not guilty to murder charges is viewed as a formality. Even so, hearing the accused plead not guilty when available evidence already appears to clearly support his guilt can be especially difficult for homicide survivors. |
| Attendance at the arraignment is a personal choice. Often the arraignment may take place on the day of the victim's wake or funeral, or within the days immediately following, making attendance more complicated. If you decide you would like to be present, an advocate, although not necessarily the one who will be permanently assigned to your case, will usually be available in district court to explain the proceedings to you. If you are unable to attend the arraignment, you will be informed of the outcome. |
| Competency And Criminal Responsibility Exam It is not uncommon for the court to order the defendant in a murder case to be evaluated for competency and criminal responsibility. This psychological evaluation will determine whether or not the defendant is competent to stand trial. Competency refers to the defendant's ability to understand what is happing around him, both in general and with regard to the criminal proceedings, and whether he can assist his attorney in preparing his defense. |
| The criminal responsibility portion of the exam will determine whether the defendant knew the difference between right and wrong at the time of the crime, and if he should be held responsible for his actions. In Hampden County, an initial exam is conducted in the Hall of Justice by the Mental Health Forensic Team. If this team is unable to make a determination regarding the defendant's competency and/or criminal responsibility, he will be held without the right to bail and sent to Bridgewater State Hospital for a period of twenty days to be examined further. Bridgewater will often request an additional twenty days to complete the exam. Bail arguments will be heard after the completion of the exam. Your advocate will be able to advise you of the procedure in the county in which your loved one was murdered. |
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| Legal Proceedings ~ District Court |
| Bail The primary purpose of bail is to ensure the defendant's future appearance in court. The issue of bail is discussed at the arraignment. The prosecutor may argue the likelihood of the defendant returning to court based on such factors as the seriousness of the crime, lack of family or working ties to the community, past record for appearing at scheduled court dates, and the length of his criminal record. The defense attorney will oppose the prosecutor's arguments and request that either low or no bail be set. |
| The judge will decide what, if any, bail should be set. Each defendant has the right to have his bail amount reviewed by a judge in Superior Court. You have a right to be present at the arraignment when bail is set, and at the bail review in Superior Court. Every effort will be made to notify you of such reviews in a timely fashion so that your attendance will be possible. However, there may be times when unforseen circumstances make it impossible for you to be notified early enough to allow you to be present in court. |