Legal Definitions - astitution

Astitution is an archaic legal term that refers to the formal process of bringing an accused person before a court to hear the charges against them and to enter a plea.

In modern legal systems, this process is known as an arraignment. During an astitution (or arraignment), the defendant is formally informed of the specific crimes they are alleged to have committed and is given the opportunity to respond by pleading guilty, not guilty, or, in some jurisdictions, no contest. It is a crucial early step in the criminal justice process, ensuring the accused is aware of the accusations and can begin to prepare their defense.

Here are some examples illustrating the concept of astitution:

• Imagine a merchant in 17th-century London accused of stealing goods from a rival. His appearance before the magistrate, where the charges of larceny were read aloud and he was asked to declare his innocence or guilt, would have been referred to as his astitution.

  This example illustrates astitution as the formal presentation of charges and the request for a plea in a historical context, highlighting its role as an initial step in a criminal proceeding.

• In a medieval kingdom, if a baron were suspected of treason against the crown, he would be brought before the King's court. The formal reading of the accusations of disloyalty and the demand for his immediate response—whether he admitted guilt or denied it—would constitute his astitution.

  This example emphasizes the formal, public nature of the process and the requirement for a plea, using a historical setting where "astitution" would have been the appropriate term for such a serious accusation.

• Consider a colonist in 18th-century Massachusetts accused of disturbing the peace. When he was brought before the local justice of the peace to have the specific complaint read to him and to state whether he admitted to the transgression or disputed it, that proceeding was his astitution.

  This shows the application of the term to even minor offenses in a historical judicial setting, demonstrating the core elements of hearing charges and entering a plea, regardless of the severity of the alleged crime.