Defendant

In a court case there are at least two parties. The Plaintiff is the party who has a complaint or who is making an Accusation, while the defendant is the party that is being accused of doing harm to another. A defendant is not always an individual. In some cases, it can be a company or a government.

It is important to differentiate between a defendant and a suspect. A suspect is generally a term that is used by law enforcement. It refers to a person who is believed to have done wrong. This individual has likely not been formally charged. He is merely a subject of suspicion.

When a person is a defendant, suspicion has been taken to the next level. This means that some party has made a formal Accusation of wrongdoing against another. As a result, legal Action is in the process. There must be a court case in order for there to be a defendant. The case does not always have to involve criminal wrongdoing. Defendants are also parties in civil cases. For example, a person who is accused of damaging another person's car in an automobile Accident can be a defendant.

Defendants are not automatically deemed guilty just because they are accused. The judicial system is not designed to place the Burden of Proof on the defendants. An Accusation against a person must be proven by the party making the claim.