Distinguishing Between a Defendant & an Accused Person

Defendant vs Accused
 
It is important to note that there is a difference between the terms defendant and accused, although they are often used interchangeably in everyday conversations. While both terms refer to a party against whom a legal action has been filed, there is a subtle distinction between them.

Who is the Defendant?

A defendant is a party against whom an action has been filed. An individual or legal entity, such as a company, becomes a defendant when another party initiates or commences a court action against them. The person initiating the court action is generally referred to as the plaintiff. A defendant is typically sued for an alleged wrong or charge and seeks to prove their innocence by denying the charges stated by the plaintiff, either in a civil case or a criminal case. In a civil action, the defendant will usually submit an answer in response to the complaint filed by the plaintiff, either accepting or denying the charges in the complaint. In a criminal case, the burden is on the plaintiff or prosecution to produce evidence and prove beyond a reasonable doubt that the defendant is guilty of the alleged crime or offense. There can be more than one defendant in a court case. The defendant is also known as the accused in a criminal case.

Who is the Accused?

Traditionally, the accused refers to a person who has been charged with committing a crime or the defendant in a criminal case. A person becomes the accused when they are presented with a formal document, typically a formal indictment or information, comprising the allegation of a particular crime. A person also receives the title of the accused when they are physically arrested for the alleged crime or offense. Suspects in a police investigation are merely suspects and do not automatically become the accused unless, during the course of the investigation, ample evidence is found to accuse the suspect or suspects of committing the crime. As in the case of a defendant, the accused can comprise more than one person and include legal entities such as corporations.

Key Takeaways

• A defendant refers to a party against whom an action is filed and can be a party in both civil and criminal proceedings.
• The accused refers to a person charged with committing a crime and is the defendant in a criminal case.
• The term ‘accused’ is limited to criminal proceedings, while the term ‘defendant’ includes the accused and also refers to a party in a civil proceeding.