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Is the government one of the parties in criminal law?

Updated: 8/21/2019
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Yes, in criminal cases, the government is represented by the prosecutor.

When a defendant is being charged with a crime, they are being accused of violating a rule that the government has issued, thus a "criminal trial" is essentially the government "suing" a defendant.


On paper, when citing a case, the plaintiff (or prosecution) is always listed first, so you can infer that Arizona v. Johnson is a criminal trial because the state is listed first. The state of Arizona is seeking retribution from the a defendant: Johnson.

However, cases like Miranda v. Arizona, a person, Miranda, is listed first. Because Miranda is listed first, you can infer that Miranda is seeking retribution from the state of Arizona. Any case where a person is listed before a state (or two people are listed, without a state) is a civil case.

In the case of Miranda v. Arizona, Miranda sued the state of Arizona because he did not understand his rights (which consequently became the Miranda Rights). In a case like Gideon v. Wainwright, you can also infer that this is a civil case because a person is, again, listed first (and a state is not listed at all). So, Gideon sued Wainwright.
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Q: Is the government one of the parties in criminal law?
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