Parties to a Criminal Case

In a criminal case there are a number parties. There is the prosecution, the defense, the judge, jury, and the victims. The judge is ideally the neutral third party who makes sure that all of the parties are acting within the rules and not violating anyone's particular rights. The judge is the individual that makes decisions regarding legal questions (for example a violation of the fourth amendment or if the proper Miranda rights were read). The jury is the group that determines the questions of facts. For example, did the defendant have the requisite mental state of mind needed to be guilty of the charged crime.

The prosecution is the party who prosecutes the accused. The prosecution's client is society and the state. The prosecution's duty is to find justice and if the case goes to trial to prove beyond a reasonable doubt that the defendant is guilty of the crime charged.

The defenses does not technically have to do anything as all the burden is on the prosecution; however, it would be very dangerous to not put forth a defense. The defense will ideally poke holes in the prosecutions case and create doubt in the minds of the jury. By doing so the jury cannot find the defendant guilty beyond a reasonable doubt.

Lastly, the victims also have a limited amount of say in the trial (generally in the sentencing and restitution phase of the trial). The victim does not get to control the trial or tell the judge and/or prosecution what to do. The victims rights are largely controlled by Marcy's law.