Nepedia
Back to Discover
Fluent Reader
📖

Defendant

society Maturity 5-7 Next article →

A defendant is a person or thing in a court case. They are the party being accused of something. This can happen in a criminal case or a civil case. In some places, people use different names for them. For example, Scots law uses the word "accused" or "panel." In civil cases, they might be called a "defender." Another name used is "respondent."

In a criminal trial, a person is accused of a crime. A crime is an act that the law says is punishable. Usually, a public prosecutor is the other party in the trial. Sometimes, private people can lead the prosecution too. Police may take a defendant into custody using a warrant. To leave custody, they often must post bail. For very serious crimes like murder, a judge may refuse bail.

Most defendants must be present for every part of a trial. There is an exception for very minor traffic offenses. If many people are accused together, they have special names. They might be called "co-defendants" or "co-conspirators." Some people may need extra help in court. Vulnerable defendants can use an intermediary to help them communicate. This person is not a registered professional.

Civil cases are different from criminal ones. In these cases, a defendant is accused of a civil wrong. This could be a broken contract or a tort. The person who starts the case is the plaintiff. Most defendants are real human beings. However, a defendant can also be an organization. Sometimes, even an object can be the defendant. This is called an "in rem" case.

In an "in rem" case, the court has power over an object. One famous case was United States v. Forty Barrels and Twenty Kegs of Coca-Cola in 1916. In that case, the defendant was the soda itself. Today, these cases often involve drug laws. For example, one case was USA v. $124,700 in 2006. Defendants can also use legal defense funds. These funds help pay for expensive court costs.

333 words

Where will your curiosity go next?

Keep exploring at your chosen reading level.

🖼️ Images & Media (1)
File:Angeklagter-vor-Gericht.jpg
Angeklagter-vor-Gericht.jpg
More to explore

🔬 Go deeper

More advanced topics to explore

🪜 Step back

Simpler topics to build understanding

What is Nepedia?

A free, ad-free encyclopedia for children. Every article is written at five reading levels, so the same page works for a five-year-old and a fifteen-year-old — use the level switcher above to see this one change. No account needed to read.