A defendant is the person, or sometimes the organization, that has been accused or sued in court. In a criminal case, this means they are being charged with committing a crime. In a civil case, they are being accused of legal wrongdoing that isn’t classified as a crime, something like breach of contract, causing injury, or failing to fulfill a legal duty.
Sometimes, the word respondent is used instead of defendant, especially in certain civil matters like family law cases. But the core idea is the same: this is the party that has to respond to the claim made against them in court.
However, there are different categories of defendants. Whether someone is facing a criminal or civil case affects everything from how they’re treated by the law to what kind of outcome they might be facing. Let’s clearly explain what sets a criminal vs. civil defendant apart.
Criminal vs. Civil Defendant
In a criminal case, the defendant is the person accused of committing an act that the law defines as a crime, e.g, assault, robbery, murder, or drug possession.
These cases are usually brought by the government (usually the district attorney or public prosecutor) because crimes are seen as offenses against the whole society, not just against a specific person.
In civil cases, the defendant isn’t accused of a crime, but rather of doing something that harmed another person or broke a legal agreement. The person who starts the lawsuit is called the plaintiff. It could be someone suing over a car accident, a broken contract, or property damage.
Criminal Defendants
When someone is suspected of a crime, the process begins with law enforcement. Criminal defendants are often taken into custody by the police. They might be arrested on the spot or brought in under an arrest warrant issued by a judge.
Once in custody, they may have to post bail to get released until their court date. But that depends on how serious the crime is. In very serious cases, such as murder, bail can be denied completely, meaning the person stays in jail while they wait for trial.
Criminal defendants must appear in court every step of the way. From the arraignment to pre-trial hearings to the actual trial, their presence is usually required. The only exception is for minor offenses like traffic violations in places where those are treated as criminal matters.
Sometimes, more than one person is accused of committing the crime. In that case, they may be called co-defendants or co-conspirators. This happens often in cases involving group crimes like fraud or conspiracy.
Civil Defendants
On the civil side, things look very different. A civil defendant isn’t accused of a crime, but rather of a civil wrong. That might be something like violating a contract, damaging someone’s property, or failing to meet a legal obligation. In these cases, the person or party who starts the lawsuit is the plaintiff.
Civil defendants don’t usually get arrested. Instead, they receive a summons from the court, which basically tells them that someone is suing them and gives them a deadline to respond. They show up in court voluntarily, usually after talking to a lawyer.
In the past, civil defendants could actually be arrested under something called a writ of capias ad respondendum. That’s a Latin term for forcing someone to show up to respond to a lawsuit. But today, that rarely happens. If you have a lawyer representing you, you might not have to go to court at all; your lawyer can handle most of it.
In civil cases, defendants are usually people, either as individuals or as representatives of a company. But there are unusual cases where the defendant is actually an object. This happens in legal actions called in rem cases, where the case is about the property itself rather than a person.
A famous example was when the U.S. government filed a case against “Forty Barrels and Twenty Kegs of Coca-Cola” in 1916. Yes, the actual barrels and kegs were the defendants.
Today, in rem cases still happen, especially in asset forfeiture cases where the government tries to take money or property linked to crimes.
What’s Expected from Each Type of Defendant?
Criminal defendants usually have more rights under the law, mainly because the consequences are more serious, like losing their freedom or even facing a life sentence. In the United States, a criminal defendant has the right to a lawyer.
If they can’t afford one, the court will appoint a public defender. They also have the right to a trial by jury and are considered innocent until proven guilty.
On the other hand, civil defendants don’t get a court-appointed lawyer. If they want legal representation, they need to hire one themselves. The rules are also a little more flexible in civil court, but the person being sued still has to answer the claim or risk a default judgment, which means the court will decide in the plaintiff’s favor automatically.
