defendant

A defendant is a person or other legal entity named in a legal proceeding as the party alleged to have committed a wrongful act or to be liable for damages. In a criminal case, the defendant is the person charged with a crime. In a civil case, the defendant is the party who is alleged to have caused harm or liability to the plaintiff.

Rights and burdens differ between criminal and civil contexts. In criminal proceedings, the defendant is presumed innocent until proven guilty beyond a reasonable doubt and typically has rights such as legal counsel, the right to remain silent, protection against self-incrimination, and the right to confront and cross-examine witnesses. In civil cases, the burden generally rests on the plaintiff to prove liability by a preponderance of the evidence, with the defendant having the opportunity to present defenses and challenge the plaintiff’s claims.

Procedural role. After being named, the defendant may be served with a complaint or indictment and must respond, often by filing an answer or a motion. The case then progresses through pretrial activities such as discovery, motions, and hearings, and may proceed to trial. In criminal cases, a defendant may plead guilty or go to trial, possibly resulting in conviction or acquittal; in civil cases, the matter may be resolved by trial, settlement, or dismissal. A defendant may appear pro se or be represented by counsel, and nonresponse can lead to default judgments.

Etymology. The term defendant derives from Latin defendere, via Old French defendre, meaning the one who is defended or who defends against the plaintiff or prosecutor.