digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

A defendant is a person or entity accused of a crime in criminal prosecution or a person or entity against whom some type of civil relief is being sought in a civil case.

Terminology varies from one jurisdiction to another. For example, Scots law does not use the term "defendant"; the terms "accused" or "panel" are used instead in criminal proceedings, and "defender" in civil proceedings.[1]

Criminal defendants[edit]

In a criminal trial, a defendant is any person accused (charged) of committing an offence (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed.

Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail is often refused. Defendants must be present at every stage of the proceedings against them. (There is an exception for very minor cases such as traffic offenses in jurisdictions which treat them as crimes.)

In some jurisdictions, vulnerable defendants may be able to access the services of Registered Intermediaries to facilitate communication at court.[2]

Civil defendants[edit]

In a civil lawsuit, a defendant (or a respondent) is also the accused party, although not of an offence, but of a civil wrong (a tort or a breach of contract, for instance). The person who started the civil action through filing a complaint is referred to as the plaintiff.

Defendants in civil actions usually make their first court appearance voluntarily in response to a summons. Historically, civil defendants could be taken into custody under a writ of capias ad respondendum. Modern-day civil defendants are usually able to avoid most (if not all) court appearances if represented by a lawyer.

Most often and familiarly, defendants are persons: either natural persons (actual human beings) or juridical persons (persona ficta) under the legal fiction of treating organizations as persons. But a defendant may be an object, in which case the object itself is the direct subject of the action. When a court has jurisdiction over an object, it is said to have jurisdiction in rem. An example of an in rem case is United States v. Forty Barrels and Twenty Kegs of Coca-Cola (1916), where the defendant was not The Coca-Cola Company itself, but rather "Forty Barrels and Twenty Kegs of Coca-Cola". In current US legal practice, in rem suits are primarily asset forfeiture cases, based on drug laws, as in USA v. $124,700 (2006).

Defendants can set up an account to pay for litigation costs and legal expenses. These legal defense funds can have large membership counts where members contribute to the fund. The fund can be public or private and is set up for individuals, organizations, or a particular purpose. These funds are often used by public officials, civil-rights organizations, and public-interest organizations.

England and Wales[edit]

Historically, "defendant" was a legal term for a person prosecuted for misdemeanour. It was not applicable to a person prosecuted for felony.[3]

See also[edit]

References[edit]

  1. ^ "Glossary - Help - Judiciary of Scotland". Scotland-judiciary.org.uk. 1976-05-03. Retrieved 2013-08-05. 
  2. ^ O'Mahony, B.M., Smith, K., & Milne, R. (2011). "The early identification of vulnerable witnesses prior to an investigative interview". British Journal of Forensic Practice, 13 (2), 114-123
  3. ^ O. Hood Phillips. A First Book of English Law. Sweet and Maxwell. Fourth Edition. 1960. Page 151.

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Defendant — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
72847 videos foundNext > 

Defendant throws backpack at a judge | Must Be Seen VIDEO

(Cleveland) -- Security measures in Cleveland Municpal Court will be re-examined after a judge was attacked by a defendant who was standing in front her benc...

Judge, Defendant Spar During Sentencing

A man convicted of shooting at police in Washington State got angry in court and was told to shut his mouth by a judge who sentenced him to 120 years in pris...

Ghetto Defendant by The Clash

IMAGE - Movie: Rude Boy - http://www.imdb.com/title/tt0081441/ - MUSIC - Band: The Clash - http://en.wikipedia.org/wiki/The_clash Album: Combat Rock - http...

The Calmest Judge Ever Vs. EPIC Verbal Attack From Defendant

"Christopher Colon got 364 days in jail. His offense: Going off on a rapid-fire, profanity-laced tirade at the judge. In just a matter of minutes, Colon defi...

Defendant Flips Out in Court

I do not own the video nor intend copyright infringement.

The Clash-Ghetto Defendant (Extended Version)

Extended Version which originally appeared on the bootleg "Rat Patrol from Fort Bragg" ALL RIGHTS GO TO THE CLASH!

Courtroom shooting: gangbanger defendant gunned down by US marshal during trial

Check out our official website: http://us.tomonews.net/ Check out our Android app: http://goo.gl/PtT6VD Check out our iOS app: http://bit.ly/1gO3z1f --------...

The Clash - Ghetto Defendant

Combat Rock - Track 10 © 1982 CBS.

World's Dumbest - Spaced-Out Defendant

Subscribe to truTV for more! http://bit.ly/1db6UsP In court this woman says all the wrong things. Follow us on Twitter: http://bit.ly/1cQL3bD @trutv Like us ...

Plies-Co Defendant

Plies Da Realist.

72847 videos foundNext > 

62478 news items

 
The News Journal
Tue, 29 Jul 2014 19:15:00 -0700

Debris litters the intersection at 11th and Washington streets in Wilmington following a July 22 crash with a city fire truck. A 19-year-old man is accused of leading police on a chase in a stolen car. (Photo: WILLIAM BRETZGER/THE NEWS JOURNAL).
 
Las Vegas Review-Journal
Tue, 29 Jul 2014 17:33:45 -0700

U.S. Magistrate Judge George Foley Jr. on Tuesday ordered federal authorities to get outside medical treatment for a jailed key defendant in the homeowners association corruption case. Prosecutors regard Ricky Anderson, 50, an “enforcer” in the massive ...
 
LimaOhio.com
Tue, 29 Jul 2014 15:30:00 -0700

“On neither one of these occasions does it say that they are going to be used against the defendant,” Dugan said. Judge David Cheney said he would research case law on the matter and issue a decision in the near future. Dugan also wants a statement ...
 
The Columbian
Tue, 29 Jul 2014 19:47:21 -0700

Luke Merriman was returning home from a hunting trip when his 2006 Chevrolet Silverado pickup struck Ryan Matison's 1994 Toyota ... Subscriber Services. Subscriptions · e-Edition · eNewsletters · Subscriptions · e-Edition · eNewsletters. Sports.
 
The Daily Times
Tue, 29 Jul 2014 21:07:30 -0700

KNOXVILLE — A defendant in an alleged investment fraud scheme which swindled several Blount County residents out of millions of dollars pleaded guilty in U.S. District Court Tuesday afternoon. Paulynn Wright, 42, Knoxville, a loan officer in Benchmark ...
 
Times-Standard
Tue, 29 Jul 2014 21:52:30 -0700

The preliminary hearing for murder defendant Benjamin Jasper Carter was postponed this morning due to both the prosecution and defense waiting on a couple of reports, according to Deputy District Attorney Luke Brownfield. Brownfield said he wasn't able ...
 
MassLive.com
Tue, 29 Jul 2014 14:45:00 -0700

Defendant, 53: Rainbow meant God approved of marriage to 16-year-old. Hampden hall of justice aerial 2003.jpg. The Hampden County Hall of Justice, center, is seen in downtown Springfield in this aerial photo. A defendant Tuesday testified that a ...
 
10TV
Tue, 29 Jul 2014 15:19:19 -0700

Investigators say he was one of the kingpins in an operation to sell drugs and sex across North Central Ohio. They say his list of victims reaches into the dozens. This week Rashaun Ramsey goes to trial in a case involving just one victim, but ...
Loading

Oops, we seem to be having trouble contacting Twitter

Talk About Defendant

You can talk about Defendant with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!