A criminal defendant is accused of a crime by a prosecutor and may face prison or fines. They have rights that vary by country, including the right to a fair trial and an attorney. In civil cases, the plaintiff is the same as the party claiming damages, and the defendant is not at risk of criminal charges. Double jeopardy protection and the right to remain silent are also recognized in many countries.
A criminal defendant is the party accused of a crime in a criminal proceeding. The defendant is charged by a criminal prosecutor, the equivalent of the plaintiff in civil cases. The role of prosecutor is filled by a national, regional or other government agency whose jurisdiction falls under the case. The defendant will be proven innocent or, if found guilty, face a prison sentence or a monetary fine. Prison sentences are often accompanied by probation and community service programs. Some countries and regions also sentence criminal defendants to the death penalty if the punishment seems worthy of the crime.
There are key differences between criminal defendants and civil defendants. In a criminal proceeding, the criminal defendant is prosecuted not by the party who may have been wronged, but by a regional or national government agency representing that party. In a civil case, on the other hand, the plaintiff prosecuting the defendant and the party claiming damages are the same thing. Of course, in a civil case, the defendant is also not at risk of receiving criminal charges.
A defendant is granted a certain amount of rights, which can vary considerably depending on the country where the crime was committed. In the United States, the US Constitution guarantees the right to a fair and expeditious public trial by jury, if the possible prison sentence exceeds six months, as well as the right to an attorney. If the defendant cannot afford a lawyer, the government must provide one. Not all countries offer the right to a jury trial, opting instead to settle cases exclusively with a judge or jury. Russia, for example, has eliminated jury trials for some criminal cases. While juries can be flawed, they can also help prevent corrupt or misguided judges from handing down unfair sentences.
Double jeopardy protection is another unique right that many countries recognize; this practice protects a criminal defendant from being tried twice for the same crime. Many countries also honor the rights of criminal defendants not to incriminate themselves. This means they have the right to remain silent in police custody. It also means they can refuse to be witnesses in their own trial. This is often not the case in civil trials, where a defendant may be compelled to testify, even if such testimony will be self-incriminating.
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