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
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