we have the guy who commited the murder as the defendent, right? and is the state or the county the plaintiff?? or is maybe a family member of the deceased??
2007-06-27 18:08:25 · 6 answers · asked by ???RiddleMeThis??? 1 in Politics & Government ➔ Government
Ok. so what are the elements that make it a murder. rather than a wrongful death etc.
2007-06-27 18:24:50 · update #1
It is normally the District Attorney, either county or city
it depends upon whose jurisdiction the murder happened.
If the body was found on county property they are the ones
most likely to prosecute. it can be the state if the body was
found on state property, regardless where the body was
found, the city DA will be assisting with the case because
of the chain of evidence.
So while the city, or county may be the actual prosecutors
the legal charge is The State of xxx vs Plaintiffs name.
2007-06-27 18:16:18 · answer #1 · answered by justgetitright 7 · 0⤊ 0⤋
It's the State -- represented by the District Attorney's office. The victim's family are not parties and cannot control the litigation unless the D.A. concedes to requests. For instance, the family might want the guy convicted of Murder 1 with a death penalty, but the D.A. might think that a plea of Murder 2 or Manslaughter will might be a better deal because the evidence was weak or because it would cost less to accept a guilty plea to a lesser offense than have a full trial. However, many states now allow families of murder victims to make statements concerning how the loss of their loved one has effected them as one of the things the judge or jury considers when sentencing after a guilty verdict has been issued.
2007-06-28 01:15:29 · answer #2 · answered by crjesq 5 · 1⤊ 0⤋
The 'state' ( the government ) is the plantiff. A family member could be a plaintiff in a civil case but it wouldnt be a murder case it would probably be a Wrongful Death case.
2007-06-28 01:13:34 · answer #3 · answered by sociald 7 · 2⤊ 0⤋
The state vs. the defendent. It is always the state and anyone who tells you different doesn't know what they are talking about. District attorneys or prosecuters work for THE STATE. The only other way is if it goes to federal court.
2007-06-28 01:54:05 · answer #4 · answered by Anonymous · 0⤊ 1⤋
if the government is prosecuting someone for murder, then the state is the plaintiff.
if someone is suiing another person for murder (obviously not of themselves, but of a loved-one), then the person who started the lawsuit is the plaintiff.
2007-06-28 13:42:10 · answer #5 · answered by superstar dj 3 · 0⤊ 1⤋
the accuser. the other one is the defendent. okay?
2007-06-28 01:12:22 · answer #6 · answered by Anonymous · 0⤊ 2⤋