Defendant

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defendant

a person against whom an action or claim is brought in a court of law

Defendant

 

(respondent), one of the parties in a civil case being heard in court or one of the parties in an economic dispute being resolved by an arbitration tribunal. The defendant is brought into the case in connection with the plaintiffs claim that his rights have been violated.

In Soviet law defendants may be either citizens or enterprises, organizations, and institutions exercising the rights of a legal person (only legal persons may be defendants in an arbitration tribunal). The status of the defendant in court and his procedural rights and duties are stipulated in the Basic Principles of Civil Procedure of the USSR and the Union Republics and in the codes of civil procedure of the Union republics. The defendant’s rights and duties in an arbitration tribunal are given in the Rules for the Hearing of Economic Disputes by State Arbitration Tribunals.


Defendant

 

a person accused of committing a crime, from the moment of arraignment until the sentence takes legal effect or acquittal is announced. In Soviet criminal procedure, the arraignment is conducted either by an administrative session of the court or by a judge in cases that reach the court through an indictment endorsed by the procurator after an investigation (either an inquiry or a preliminary investigation). In cases of private accusations, where the materials are submitted directly to the court, the person becomes a defendant from the moment that the people’s judge rules to initiate a criminal case; the ruling is simultaneously an arraignment.

As a participant in the court hearing the defendant (prisoner at the bar) has various rights to protect his legal interests, such as the right to defense (independently or with a lawyer’s aid), the right to challenge the composition of the court, the prosecutor, or an expert, and the right to petition the court to call new witnesses, to demand and bring in new evidence, and to ask questions of participants in the court hearing.

After a guilty verdict is delivered and goes into effect, the defendant becomes a convicted person.

References in periodicals archive ?
We hold that the decision to present witnesses is not a fundamental decision resting exclusively with a criminal defendant when he or she is represented by counsel.
39) When an indigent criminal defendant is convicted, his trial counsel would be required to prepare a "prospectus" outlining trial errors to be raised on appeal.
The Supreme Court of the United States granted certiorari(75) to determine whether a criminal defendant could waive the exclusionary protections provided by Federal Rule of Evidence 410 and Federal Rule of Criminal Procedure 11 (e) (6) and to resolve the inconsistency among the circuits.
The flaw in the theory underlying the Conference Committee's decision not to allow criminal defendants access to the government's witness list is that there is little, if any, evidence that defendants who do obtain witness lists in advance of trial actually use those lists improperly.
It appears theft a majority of the courts which have considered the issue of an action for legal malpractice in a criminal proceeding have concluded that, at the very least, the criminal defendant must somehow be exonerated on appeal or by postconviction proceedings before a suit may be maintained.
Despite stressing that its opinion "connotes no moral or ethical approval of life-story fee contracts,"(21) the court held that a criminal defendant may not be "denied his right to representation by retained counsel simply because of potential conflicts or ethical concerns [especially] when he has asserted, after extensive disclosure of the risks, that he wishes to proceed with his chosen lawyers and no others.
However, many of these faith groups overtly state that celestial forces can and will directly impact the lives and legal cases of criminal defendants.
Even if one were to concede that a legislature could abrogate the lenity canon itself, a mere statute could not override the separate, constitutional due process right that is lost when potential criminal defendants are left to guess how the law will be applied: the right to a process of adjudication that provides adequate notice.
18) Consequently, conventional antipsychotics, with their more harmful side effects, were the drugs used to forcibly medicate a criminal defendant.
section] 3006A(a) (2000) (providing expert assistance for indigent criminal defendants in federal system).
Over the last two centuries American courts have granted the criminal defendant more and more autonomy to choose where he will sit during trial.
The reason officers with credibility problems lose their viability as witnesses is based on the constitutional principle that every criminal defendant in this country is entitled to a fair trial.