View source for Culprit

{{Short description|English legal term}}
{{otheruses}}

A '''culprit''', under [[England|English]] [[law]] properly the [[prison]]er at the bar, is one accused of a [[crime]]. The term is used, generally, of one [[guilt (law)|guilty]] of an [[offence (law)|offence]]. In [[Etymology|origin]] the word is a combination of two [[Anglo-Norman language|Anglo-French]] legal words: "culpable" (guilty), and "prit" or "prest" ([[Old French]]: ready). On the prisoner at the bar pleading ''not'' guilty, the clerk of the crown answered culpable, and states that he was ready ("prest") to join issue. The words "cul. prist" were then entered on the roll, showing that issue had been joined. When [[French law]] terms were discontinued, the words were taken as forming one word addressed to the prisoner.{{sfn|Chisholm|1911}}

The formula "Culprit, how will you be tried?" in answer to a plea of "not guilty," is first found in the trial for murder of the [[Philip Herbert, 7th Earl of Pembroke|7th Earl of Pembroke]] in 1678.{{sfn|Chisholm|1911}}

Under current [[criminal law]], the preferred term is [[defendant]].

== References ==
{{reflist}}

== Sources ==
* {{EB1911|wstitle=Culprit|volume=7|page=618}}

[[Category:Criminal law]]
[[Category:Common law legal terminology]]
[[Category:Criminal law legal terminology]]


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