Joint defendants are defendants that are charged together, jointly, and/or severally for a crime or civil wrong. In other words, they are Defendants who have been charged with the same offence or wrong. This legal term applies in criminal and civil law, but it is most often seen in criminal proceedings.
Criminal Law: Joint and Several Liability vs Solidary Liability
In criminal law, joint defendants can be found jointly and severallly liable or solidary liable for an offence. Joint and several liability means that each of the defendants is responsible for the whole of the offence, while solidary liability means that each of the defendants is responsible for only a proportion of the offence. This proportion can be specified in the court order or as detailed in the indictment.
Civil Law: Joinder and Conspiracy
In civil law, joint defendants can also be found liable, either as part of an agreement in joinder or in conspiracy. Joinder is an agreement between two or more parties that they will jointly pursue a claim against a third person. In contrast, a conspiracy is an agreement between two or more parties to commit a wrongful act. Both of these agreements serve to make each party liable for the other parties’ actions.
Common Examples
Some common examples of joint defendants include individuals charged in the same criminal trial, multiple defendants who have colluded to commit a crime such as fraud or robbery, or multiple parties who are joint owners of a business in civil court. In each of these scenarios, the defendants are jointly and severally liable for the offence or wrong that has been committed.
Conclusion: An Overview of Joint Defendant
In summary, a joint defendant is a person that has been charged with the same offence or wrong as another person or persons. This term is applicable in both criminal and civil law, and is dependent on whether there is joint and several liability or solidary liability in the case. Common examples of joint defendants include individuals charged in a criminal trial, those who are party to an agreement in joinder or those who are conspiring to commit a crime.