accused

The accused is a person who is formally charged with a crime or alleged wrongdoing in a legal proceeding. In many jurisdictions, the term is used to refer to the person during the early stages of a criminal case, from charging through trial. While closely related, it is distinct from both suspect, who has not yet been formally charged, and defendant, the person who stands trial after charges are brought.

In common law systems, the accused is entitled to due process and is presumed innocent until proven guilty beyond a reasonable doubt. The burden lies with the prosecution; the accused has the right to counsel, to be informed of charges, to cross-examine witnesses, and to present a defense. A formal arraignment or charging document sets out alleged offenses, and a plea is entered.

Terminology varies by system. In English law and some Commonwealth countries, the accused remains common in formal contexts, but the defendant appears in judgments and after a conviction. In the United States, the term defendant is standard in criminal court, while accused may appear in media or preliminary documents. Other terms include indictment or charge.

Role of accusation: An accusation is a claim that a person committed a crime, which may lead to charges, arraignment, and trial. Accusations can be brought by police or prosecutors; not every accusation results in a trial. The outcome can be acquittal, conviction, or dismissal.

Etymology: The word accused comes from Latin accusare through Old French accuser; the noun and adjective forms have been used in English since the medieval period.