Glossary D

Defendant

A defendant is the person or entity against whom a plaintiff brings a civil suit, or the person accused of a crime in a criminal case. The term identifies the party facing the civil suit or criminal accusation.

A defendant is the person or entity against whom a plaintiff brings a civil suit, or the person accused of a crime in a criminal case. The term identifies the party facing the civil suit or criminal accusation.

Example: In U.S. v. Maldonado, the jury instructions identify Jose Maldonado as the defendant and list charges including possession with intent to distribute cocaine base.

Common misconception: Being accused of a crime does not establish guilt: a criminal defendant is presumed innocent unless and until the government proves guilt beyond a reasonable doubt.

Sources: Glossary of Legal Terms – United States Courts; U.S. v. Maldonado, 09-CR-71