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The end of law is not to abolish or restrain, but to preserve and enlarge freedom.
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Legal Definitions - accused
Definition of accused
The term accused refers to an individual who has been formally identified as having committed a crime and against whom criminal proceedings have officially begun. This status typically arises when law enforcement issues an arrest warrant, when a person is taken into custody for a suspected offense, or when a formal charging document, such as an indictment from a grand jury or a criminal complaint, is filed against them. Essentially, the accused is the person who is the subject of a criminal case.
- Arrested for a Suspected Crime: Imagine a situation where police respond to a report of a break-in. They find a person, Mr. Henderson, inside the property with stolen items in their possession. The police immediately arrest Mr. Henderson on suspicion of burglary.
How it illustrates: Mr. Henderson becomes the "accused" at the moment he is arrested and taken into custody for the suspected crime, marking the official start of the legal process against him.
- Formal Indictment by a Grand Jury: After a lengthy investigation into alleged public corruption, a grand jury reviews evidence presented by prosecutors. The grand jury determines there is sufficient evidence to proceed with charges and issues an indictment against Mayor Thompson for bribery.
How it illustrates: Mayor Thompson is now considered the "accused" because a grand jury has formally charged him with a crime through an indictment, even if he has not yet been arrested or appeared in court.
- Arrest Warrant Issued: Following a detailed forensic analysis of a crime scene, investigators identify a suspect, Ms. Chen, in a case of aggravated assault. A judge reviews the evidence and issues an arrest warrant for Ms. Chen.
How it illustrates: Ms. Chen becomes the "accused" from the moment the arrest warrant is issued. This legal document formally authorizes her arrest and signifies that she is now the target of criminal proceedings, even if law enforcement has not yet located or apprehended her.
Simple Definition
The "accused" is a person who has been arrested for or formally charged with a crime, serving as the general term for the defendant in a criminal case. For constitutional protections like the right to a speedy trial, a person becomes "accused" when an arrest warrant is issued, they are arrested and held for a criminal charge, or a grand jury formally indicts them.