The People of the United States

The People of the United States

The People of the United States is the formal name used to describe the plaintiff in federal criminal trials in the United States. It is often abbreviated to just "The People": for example, "The People v. Jones". Similar versions are used at the state level in five states as well (e.g. "The People of the State of California v. Smith"), while the other forty-five use "The State of ___ v. Smith." The usage of "the People..." has been cited by some legal commentators as containing a bias in favor of prosecutors in criminal cases. In civil cases in which the federal government or one of the state governments is a party, "United States" or (for example) "California" is used alone.

The usage of "The People..." reflects the political theory that as a republic, sovereignty in the United States, and in each individual state, rests collectively with the entire citizenry of the country and the states. The theory suggests that "The People..." replaced the formulation still used in the Commonwealth Realms, where political power has its theoretical source in the Crown. However, this is not quite true, since the United States Constitution makes a clear distinction between the People and the State they ordained and established; while the Crown has no identity apart from its role as the source of power, the United States, though being created by and for the People, is not the People.

References

1. Ian Booth Kelley, "The Use of the Term "the People" by the Criminal Prosecution in California: a Short Analysis and Tactical Guide for the Defense", New College of California Journal of Public Interest Law, Vol. 2, No. 1, May 2001.

ee also

* Legal fiction


Wikimedia Foundation. 2010.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • United Nations Association of the United States of America — The United Nations Association of the United States of America or UNA USA is a not for profit membership organization dedicated to building understanding of and support for the ideals and work of the United Nations among the American people. Its… …   Wikipedia

  • The Presidents of the United States of America (band) — This article is about the band. For a list of Presidents of the United States, see List of Presidents of the United States. The Presidents of the United States of America Background information Origin …   Wikipedia

  • The United States Christian Commission — Commission Com*mis sion, n. [F., fr. L. commissio. See {Commit}.] 1. The act of committing, doing, or performing; the act of perpetrating. [1913 Webster] Every commission of sin introduces into the soul a certain degree of hardness. South. [1913… …   The Collaborative International Dictionary of English

  • The United States Sanitary Commission — Commission Com*mis sion, n. [F., fr. L. commissio. See {Commit}.] 1. The act of committing, doing, or performing; the act of perpetrating. [1913 Webster] Every commission of sin introduces into the soul a certain degree of hardness. South. [1913… …   The Collaborative International Dictionary of English

  • Foreign policy of the United States — United States This article is part of the series: Politics and government of the United States …   Wikipedia

  • HIV/AIDS in the United States — The history of HIV/AIDS in the United States began in about 1969, when HIV likely entered the United States through a single infected immigrant from Haiti. [ [http://news.bbc.co.uk/2/hi/health/7068574.stm Key HIV strain came from Haiti ] ] [… …   Wikipedia

  • Federal government of the United States — The federal government of the United States is the central United States governmental body, established by the United States Constitution. The federal government has three branches: the legislative, executive, and judiciary. Through a system of… …   Wikipedia

  • Overseas expansion of the United States — United States overseas expansion follows the expansion of U.S. frontiers on the North American continent (see Mexican American War, War of 1812, and Territorial acquisitions of the United States), in particular during the Age of Imperialism , the …   Wikipedia

  • Gulf Coast of the United States — The Gulf Coast region of the United States comprises the coasts of states which border the Gulf of Mexico. The states of Texas, Louisiana, Mississippi, Alabama, and Florida are known as the Gulf States. All Gulf States are located in the Southern …   Wikipedia

  • Native Americans in the United States — This article is about the indigenous people of the United States. For other indigenous people see Indigenous peoples by geographic regions Native Americans …   Wikipedia

  • Human rights in the United States — In 1776, Thomas Jefferson proposed a philosophy of human rights inherent to all people in the Declaration of Independence, asserting that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”