Criminal
Oct. 15, 2008
Do Government-Backed Prosecutors Really Represent 'the People'?
Permitting the prosecution to adopt a label that rightfully includes those very "people" charged with deciding the case risks corrupting the process.
Konrad Moore
Public Defender, Kern County Public Defender's Office
In California, criminal cases are captioned "The People of the State of California versus (the individual defendant)." The prosecutor, with understandable pride, typically introduces himself or herself as representing the people of the state.
Recently, I began referring to the prosecution as the government. The reference apparently struck a nerve, and other attorneys who adopted the practice encountered an in limine motion asking that the defense be prohibited from referring to ...
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