Skip to main content

Understanding the Role of a Defendant in Legal Proceedings

This quiz assesses knowledge of the legal definition and historical context of the defendant's role in both civil and criminal proceedings.

1 A defendant or defender (Δ in legal shorthand) is any party who is required to answer the complaint of a plaintiff or pursuer in a ________ before a court, or any party who has been formally charged or accused of violating a criminal statute.

2 Historically, a defendant in a civil action could also be taken into custody pursuant to a writ of capias ad respondendum and forced to post ________ before being released from custody.

💡 Interesting Facts

  • in an Alford plea a defendant in U.S. criminal court admits there is evidence to support a conviction and enters a guilty plea, while asserting innocence.
  • in Tennard v. Dretke, the U.S. Supreme Court ruled it a cruel and unusual punishment to ignore the defendant's mental retardation in sentencing the death penalty.
  • the hearing for the Nanoor massacre case has stalled because of the defendants' repeated failure to appear in court.
  • the U.S. Supreme Court ruled in 1963 that a criminal defendant has a constitutional right to "effective" legal counsel, but "effective" was not defined until Wiggins v. Smith in 2003.
  • the US Supreme Court ruled a defendant has a fundamental right not to be tried in court if he lacks a rational and factual understanding of the charges against him.
  • the Case of the Hooded Man was so called because the defendant was made to wear a black hood when travelling to and from the court.
  • in Frendak v. United States the court ruled that a competent defendant, who experts testified was probably insane when he committed the crime, cannot be forced to use the insanity defense.
  • in Bigby v. Dretke, the defendant put a gun to the judge's head, but the judge testified the assault did not bias him, and refused to recuse himself.
  • Dr. Chris Hatcher convinced the jury in a capital punishment case without having interviewed the defendant.
  • change of venue is the legal term for moving a jury trial away from a location where a fair and impartial jury may not be possible due to widespread publicity about a crime and/or the defendant.
  • Wyandanch, the sachem of the Montaukett, in 1659, sued Jeremy Daily in the colonial court in one of the first trials in North America with an English defendant and a Native American plaintiff.
  • although American law requires proof of a defendant's "guilty mind" as an element of the crime, it is not concerned with motive.
  • before the U.S. Supreme Court ruling in Jackson v. Indiana, an incompetent criminal defendant could be involuntarily confined indefinitely (as if given a life sentence) without a trial or a conviction.
  • Elia Kazan's 1947 film Boomerang!, about a murder defendant whose innocence was proven by the prosecutor, was based on the true story of Harold Israel.