Sunday, October 4, 2015
John Doe
The names "John Doe" or "John Roe" for men, "Jane Doe" or "Jane Roe" for women, or "Johnnie Doe" and "Janie Doe" for children, or just "Doe" non-gender-specifically are used as placeholder names for a party whose true identity is unknown or must be withheld in a legal action, case, or discussion. The names are also used to refer to a corpse or hospital patient whose identity is unknown. This practice is widely used in the United States and Canada, but is rarely used in other English-speaking countries including the United Kingdom itself, whence the use of "John Doe" in a legal context originates. The names "Joe Bloggs" or "John Smith" are used in the UK instead, as well as in Australia and New Zealand.
Usage: John Doe is sometimes used to refer to a typical male in other contexts as well, in a similar manner to John Q. Public in the United States or Joe Public, John Smith or Joe Bloggs in Britain. For example, the first name listed on a form might be John Doe, along with a fictional address or other fictional information to provide an example of how to fill in the form. The name is also used frequently in US popular culture, for example in the Frank Capra film Meet John Doe. John Doe was also the name of a 2002 American television series. Similarly, a child or baby whose identity is unknown may be referred to as Baby Doe. A notorious murder case in Kansas City, Missouri, referred to the baby victim as Precious Doe. Other unidentified female murder victims have also been nicknamed by the public or investigators as "Cali Doe" and "Princess Doe". Additional persons may be called James Doe, Judy Doe, etc. However, to avoid possible confusion, if two anonymous or unknown parties are cited in a specific case or action, the surnames Doe and Roe may be used simultaneously; for example, "John Doe v. Jane Roe". If several anonymous parties are referenced, they may simply be labelled John Doe #1, John Doe #2, etc. (the U.S. Operation Delego cited 21 (numbered) "John Doe"s) or labelled with other variants of Doe / Roe / Poe / etc. Other early alternatives such as John Stiles and Richard Miles are now rarely used, and Mary Major has been used in some American federal cases. The Doe names are also used for anonymous or unknown defendants. Another set of names used for anonymous parties, particularly plaintiffs, are Richard Roe for men and Jane Roe for women (as in the landmark U.S. Supreme Court abortion decision Roe v. Wade). Bearing the actual name John Doe can cause difficulty, such as being stopped by airport security or suspected of being an incognito celebrity. The term is sometimes used in lawsuits in Ireland and the United States; see, for example McKeogh v. John Doe and Uber Technologies, Inc. v. Doe I. The term John Doe or Jane Doe is used in US police investigations when the victim(s) identity is unknown or incorrect.
Other variants: In addition to Doe and Roe, other "_oe" names have been used when more than two unknown or unidentified persons are named in U.S. court proceedings, e.g., Poe v. Snyder, 834 F.Supp.2d 721 (W. D. Mich. 2011), whose full style is Jane Poe, John Doe, Richard Roe, Robert Roe, Mark Moe, Larry Loe, Degage Ministries, and Mel Trotter Ministries, Plaintiffs, v. Rick Snyder, Governor of the State of Michigan, Bill Schuette, Attorney General of the State of Michigan, Kriste Etue, Director of the Michigan State Police, William Forsyth, Kent County Prosecutor, in their official capacities, Defendants; and Friedman v. Ferguson, No. 87-3758, unpublished disposition, 850 F.2d 689 (4th Cir., 29 June 1988), whose full style is Wilbur H. Friedman, Plaintiff-Appellant, v. Thomas B. FERGUSON, Director, Department of Animal Control, a State Actor, In His Official and Individual Capacities; Brett Boe; Carla Coe; Donna Doe; Frank Foe; Grace Goe; Harry Hoe; State Actors, Advisors To Defendant Ferguson, In Their Official and Individual Capacities (identities currently unknown); Marta Moe; Norma Noe; Paula Poe; Ralph Roe; Sammy Soe; Tommy Toe; Private Individuals Who Conspired With the Foregoing State Actors (identities currently unknown); Roger W. Galvin, Chairman, Animal Matters Hearing Board; Vince Voe; William Woe; Xerxes Xoe; Members of the Animal Matters Hearing Board, State Actors, In Their Official and Individual Capacities (identities currently unknown), Defendants-Appellees. In a lawsuit in the UK about the publication of D.H. Lawrence's novel "Lady Chatterley's Lover" the 'average person' was referred to as "the man on the Clapham omnibus". Parallels in other cultures are in France "Monsieur Brun", in Italy "Signor Rossi", in India "Ashok Kumar".
Labels:
criminal justice
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