defendants

Defendant refers to the person or entity named in legal proceedings as the party accused of wrongdoing or liable for harm. In criminal cases, the defendant is the individual charged by the state; in civil cases, the defendant is the party alleged to have caused injury or to be liable for damages. The defendant is typically opposed by the plaintiff or the state, depending on the proceeding.

In criminal cases, the government bears the burden of proof beyond a reasonable doubt. The defendant is presumed innocent until proven guilty and has rights such as counsel, a fair trial, the right to confront witnesses, and, in many jurisdictions, the right to remain silent. The process often begins with charging documents and arrest, followed by arraignment, plea, and, if no dismissal, trial and verdict. If convicted, sentencing; appeals may follow.

In civil cases, the plaintiff bears the burden of proof by a preponderance of the evidence; the defendant defends against liability and may owe damages, injunctions, or other remedies if found liable. Defenses include lack of duty, causation, comparative fault, or statute of limitations, as well as affirmative defenses. Defendants may also be represented by counsel or appear pro se.

Terminology and procedures vary by jurisdiction. Some systems use “respondent” in certain proceedings, and in some contexts the word “defendant” is used for criminal and civil actions alike. The central idea is that the defendant is the opposing party challenged by the plaintiff or the state.