Can a prosecutor be related to the plaintiff (s)?

I'm writing a fanfic and there's a trial for attempted murder against the mans daughter in law and abuse against his wife. The daughter in laws cousin is a prosecuting attorney. Would she be able to work for the plaintiffs, in trying to prove the defendant is guilty, even though she's related to the plaintiffs?

  • Yes
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  • No
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Most Helpful Guy

  • I doubt if there is any law preventing it, but it might be questioned. I'm just guessing though.

    However it might be a moot point. I think you are using the word plaintiff wrong. You would have a prosecutor in a criminal case, but I think the word plaintiff is only used in civil cases. So in your story there wouldn't even be a plaintiff. In civil, the plaintiff is the one initiating a law suit. In criminal, the prosecutor does the equivalent of that. So in a way, the plaintiff and prosecutor have the same role, but that's stretching it.

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    • So, what exactly would the person the crimes were committed against be called?

    • I think the person the crime is committed against is just called the victim. If there is another word I don't know what it is.

      The victim is not the one bringing charges against the defendant. The state is doing that. The prosecutor represents the state. The defense attorney represents the defendant.

      I'm not sure how this works, but in some lesser crimes, the victim can press charges, which is optional. Let's say someone hits you. You can optionally press charges. In that case, I don't know what you would be called, but I'm pretty sure there is a name for it. But in a murder, the state will bring charges against the defendant.

What Guys Said 2

  • no, she would have to have someone else do it, it would be a conflict of interest if she is related to them

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  • oooh please tell me the prosecutor's name is Miles Edgeworth! and the defense attorney should be Phoenix Wright!

    i dont know what a plaintiffs is tbh lol

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