The State vs. The Individual
By Truth Behind the Bars
In the United States, crimes are not treated as private disputes between two people — they are considered offenses against society as a whole. That’s why criminal cases are filed as “State of Florida vs. [Defendant]” or “People vs. [Defendant].”
Why the State Prosecutes (Even if the Family Doesn’t Want To)
Once a crime is reported, it is the State’s decision — not the victim’s — whether to press charges.
This authority comes from the State’s police power, rooted in the 10th Amendment of the U.S. Constitution, which gives states the power to create and enforce criminal laws to protect public safety.
Florida law (see Florida Statutes § 27.02 and § 27.34) places this responsibility in the hands of the State Attorney’s Office, not the victim or their family.
Courts have repeatedly held that “the right to prosecute belongs to the State, not to private citizens” — meaning even if a victim forgives or refuses to testify, the State can and will move forward.
The Real Focus: Convictions, Not Truth
Prosecutors are judged on their conviction rates, not on uncovering the truth. Conviction is treated as success — even if the case rests on shaky evidence or questionable legal tactics. The family of a victim may want mercy, forgiveness, or even no charges at all, but the State’s priority is to “win” in court.
A Rigged Playing Field
Defendants who cannot afford private counsel are given a court-appointed attorney — often from the Public Defender’s Office, which is also funded and regulated by the State. This creates a troubling imbalance:
The State Attorney prosecutes the case.
The Public Defender, technically a State employee, defends the case.
The Judge, a State officer, presides.
It’s a system where every actor is tied to the State — and the one person who is not, the defendant, is left isolated.
Suggested Reference Points you can cite on your page:
U.S. Const. Amend. X (police powers of the states).
Florida Stat. § 27.02 – Duties of the state attorney (charging & prosecuting).
Florida Stat. § 27.34 – State attorneys responsible for prosecuting all crimes.
Case law: State v. Cain, 381 So.2d 1361 (Fla. 1980) – confirms that prosecution is a State function, not dependent on a victim’s choice.
In the United States, crimes are not treated as private disputes between two people — they are considered offenses against society as a whole. That’s why criminal cases are filed as “State of Florida vs. [Defendant]” or “People vs. [Defendant].”
Why the State Prosecutes (Even if the Family Doesn’t Want To)
Once a crime is reported, it is the State’s decision — not the victim’s — whether to press charges.
This authority comes from the State’s police power, rooted in the 10th Amendment of the U.S. Constitution, which gives states the power to create and enforce criminal laws to protect public safety.
Florida law (see Florida Statutes § 27.02 and § 27.34) places this responsibility in the hands of the State Attorney’s Office, not the victim or their family.
Courts have repeatedly held that “the right to prosecute belongs to the State, not to private citizens” — meaning even if a victim forgives or refuses to testify, the State can and will move forward.
The Real Focus: Convictions, Not Truth
Prosecutors are judged on their conviction rates, not on uncovering the truth. Conviction is treated as success — even if the case rests on shaky evidence or questionable legal tactics. The family of a victim may want mercy, forgiveness, or even no charges at all, but the State’s priority is to “win” in court.
A Rigged Playing Field
Defendants who cannot afford private counsel are given a court-appointed attorney — often from the Public Defender’s Office, which is also funded and regulated by the State. This creates a troubling imbalance:
The State Attorney prosecutes the case.
The Public Defender, technically a State employee, defends the case.
The Judge, a State officer, presides.
It’s a system where every actor is tied to the State — and the one person who is not, the defendant, is left isolated.
Suggested Reference Points you can cite on your page:
U.S. Const. Amend. X (police powers of the states).
Florida Stat. § 27.02 – Duties of the state attorney (charging & prosecuting).
Florida Stat. § 27.34 – State attorneys responsible for prosecuting all crimes.
Case law: State v. Cain, 381 So.2d 1361 (Fla. 1980) – confirms that prosecution is a State function, not dependent on a victim’s choice.
