" John Doe ", " John Roe " or " Richard Roe " (for men), " Jane Doe "or" Jane Roe "(for women), and" Baby Doe "," Janie Doe "or" Johnny Doe "(for children), or just" Doe "or" Roe "is a multi-use name that has two different uses. First, and especially in the United States, Canada and Ireland, they may refer to an unknown person, or a party in legal action whose identity is officially kept secret. In the context of law enforcement in the United States, such names are often used to refer to corpses whose identity is unknown or unconfirmed. Secondly, such names are also often used to refer to hypothetical "common people" in other contexts, in a manner similar to " John Q. Public " or "Joe Public".
In other English-speaking countries, unique placeholder names, numbers and/or code names have become more commonly used in the context of police investigations. These include England, where the use of "John Doe" originated during the Middle Ages. However, the legal terms issued by John Doe (or John Doe Order), have persisted in English law and other legal systems influenced by it. Other names that are used informally such as "Joe Bggs " or " John Smith " are sometimes informally used as a placeholder for everyone in the UK, Australia and New Zealand, such names are rarely used in legal or police circles in the same sense as John Doe.
Well-known legal cases named placeholders include:
- the 1973 US Supreme Court decision on abortion: Roe v. Wade (1973) and;
- civil case Doe dem. John Hurrell Luscombe v Yates, Hawker, and Mudge (1822) 5 B. & amp; Ald. 544 (English; 1822), McKeogh v. John Doe (Ireland; 2012) and Uber Technologies, Inc. v. Doe I (California, 2015).
The use of "John Doe" in the sense of an ordinary human being, including:
- the 1941 movie Meet John Doe and;
- US television series 2002 John Doe .
The use of "Jane Doe" in the sense of an unidentified corpse, including:
- 2016 The Autopsy of Jane Doe .
Video John Doe
History
Under the terminology of ancient Roman law, the names " Numerius Negidius " and " Aulus Agerius " were used in conjunction with the accused and the hypothetical plaintiff.
The name "John Doe" ("John Doo"), "Richard Roe," along with "John Roe", regularly invoked in British legal instruments to meet the technical requirements governing standing and jurisdiction, began as early as possible the reign of King Edward III of England (1327-1377). Other fictitious names for people involved in litigation in medieval English law are "John Noakes" (or "Nokes") and "John-a-Stiles" (or "John Stiles").
The Oxford English Dictionary states that John Doe is "the name given to the plaintiff's fictitious tenant, in a mixed act that is (now obsolete in England), a fictitious defendant called Richard Roe".
This use is ridiculed in the 1834 English song "John Doe and Richard Roe":
This particular use became obsolete in England in 1852:
As is known, devices involving real people as lessees and ejector notional are used to allow the right holder to demand a real ejector. It was later replaced by fictional characters John Doe and Richard Roe. Finally medieval medicines (largely) were abolished by the Real Property Restriction Act of 1833; fictional characters John Doe and Richard Roe by the Common Law Procedure Act 1852; and forms of action itself by the Acts 1873-75 Judiciary. "
Secretary of State for Environment, Food and Rural Affairs (Respondent) v Meier and others (FC) (Applicants) and others and others (FC) (Comparisons) and others (2009).
In the UK, the use of "John Doe" survives primarily in the form of John Doe Injunction or John Doe Order (see above).
8.02 If an unknown person has confidential personal information and threatens to disclose it, the 'John Doe' order can be sought against that person. The first form of this command used since 1852 in Britain was in 2005 when the lawyer acting for JK Rowling and his publisher obtained a temporary order against an unknown person who offered to sell chapters of stolen copies of an unpublished Harry Potter novel for the media.
Unlike the United States, the name "John Doe" does not actually appear in the official name of the case, for example: X & amp; Y v Persons Unknown [2007] HRLR 4.
Notable cases of unidentified corpses include "Cali Doe" (1979) and "Princess Doe" (1982). Baby casualties in the 2001 murder case in Kansas City, Missouri, referred to as Precious Doe.
In 2009, the New York Times reported unexpected difficulties and concerns experienced by a man actually named John Doe, who is often suspected of using a pseudonym. He has been repeatedly questioned by airport security staff and suspected of being a disguised celebrity.
Maps John Doe
Other variants
In cases where a large number of unknown persons are mentioned, numbers may be added, such as "Doe # 2" or "Doe II". Operation Delego (2009), which targets international child sexual harassment rings, cites 21 numbers of "John Does", as well as other people known as "Doe", "Roe", and "Poe" names.
"John Stiles", "Richard Miles" has been used for the third and fourth participants in an action. "Mary Major" has been used in some federal cases in the US. "James Doe" and "Judy Doe" are other common variants.
Less often, other family names ending in -oe have been used when more than two unknown or unknown persons are named in US litigation, eg , Poe v. Snyder , 834 F.Supp.2d 721 (WD Mich. 2011), whose full style
- Jane Poe, John Doe, Richard Roe, Robert Roe, Mark Moe, Larry Loe, Degage Ministries, and Mel Trotter Ministries, Plaintiffs, v. Rick Snyder, Michigan State Governor Bill Schuette, Michigan State Attorney General Kriste Etue, Director of the Michigan State Police, William Forsyth, District Attorney Kent, in their official capacity, Defendants and;
- Friedman v. Ferguson , No. 87-3758, unpublished disposition, 850 F.2d 689 (4th Cir., June 29, 1988), whose full style is
- Wilbur H. Friedman, Applicant-Plaintiff, v. Thomas B. FERGUSON, Director, Department of Animal Control, State Actors, In His Official Capacity and Individuals; Brett Boe; Carla Coe; Donna Doe; Frank Foe; Grace Goe; Harry Hoe; State Actor, Counselor to Ferguson's Defendant, In Official Capacity and Individuals (whose identity is currently unknown); Marta Moe; Norma Noe; Paula Poe; Ralph Roe; Sammy Soe; Tommy Toe; Private Individuals Competing With The Above State Actors (whose identity is currently unknown); Roger W. Galvin, Chairman, Animal Advisory Board; Vince Voe; William Woe; Xerxes Xoe; Member of Animal Hearing Council, State Actor, In Official Capacity and Individual (identity not currently known), Defendant-Appellee .
In Massachusetts, "Mary Moe" is used to refer to a pregnant woman under the age of 18 petitioning a petition to the Court of Appeal for the exclusion of a judicial bypass for parental consent requirements for an abortion. "Mary Moe" is also used to refer to such cases in general, that is "the case of Mary Moe." Sometimes "Mary Doe" can be used for individuals.
Parallels in other countries include:
- "Ashok Kumar" has been used in a court case in India;
- stands for N.N. , commonly used in European legal systems, as abbreviations for Latin terms such as:
- nomen nescio ("I do not know the name") in Belgium, Germany, Italy, and Serbia and;
- nomen nominandum ("name must be mentioned") in the Netherlands.
Since 1903 a hypothetical "common and reasonable person" has been commonly known, in English and other Commonwealth languages ââas "human at Clapham omnibus".
Famous court case
- The famous 1973 categorization cases Roe v. Wade and Doe v. Bolton got their name from an anonymous plaintiff then revealed, respectively, Norma McCorvey and Sandra Cano.
- A Toronto woman, publicly known only as Jane Doe, launched an 11-year court battle against the Toronto Police Department after being raped in 1986, alleging that the police had used her as a bait to capture the Balcony Rape. She won the case in 1998, and was named Chatelaine ' Women of the Year that year. He published a book about his experience, Jane Doe's Story: A Book on Rape , in 2003.
- Subpoena doe is an investigative tool that plaintiffs can use to locate the identity of an unknown defendant. Doe subpoenas often aired on online service providers and ISPs to get anonymous post author identities.
- serial killer Richard Laurence Marquette recognizes the killing of an unidentified woman identified only as Jane Doe.
- File sharing websites were blocked in India on July 21, 2011 at several ISPs including Bharti Airtel, BSNL, and Reliance Communications, as Reliance BIG Pictures received "John Doe" orders from the Delhi High Court allowing them to serve stop and stop notice on people illegally redistributing Singham's movie. This allegedly undermines the copyright infringement of the movie by 30%.
- On August 29, 2011 Reliance Entertainment received a 'John Doe' order from the Delhi High Court to prevent illegal broadcasting or streaming her upcoming movie Guard . This order provides protection to intellectual property owners, Reliance Entertainment, from copyright infringement by potential anonymous infringers.
The usage and selection of pseudonyms is not standardized in US courts and the practice itself is challenged for legal reasons by some and rarely before 1969.
- "There is currently no court of law on the use of pseudonym... The rules of civil procedure,... do not address issues..." "Rule of Civil Procedure 10 (a) reads, '... In a complaint, action shall include the names of all parties.... 'The rule does not contain guidance on what parties should do to maintain the confidentiality of their names. "
- "Before... 1969, only one Supreme Court case, three appellate court decisions, and one district court decision in the previous quarter century presenting an anonymous individual as the sole or main plaintiff.Between 1969 and January 22, 1973, the date when the Supreme Court ruled Roe and Doe, there were twenty-one district courts and two court appellate decisions featuring an anonymous plaintiff. " On March 10, 2015, HTG Capital Partners LLC filed a federal suit against anonymous spoofers, whose suit was called John Doe (s), in the hope of getting a judge to force the Chicago Mercantile Exchange to disclose company names. HTG says it has found evidence of thousands of such manipulations during 2013 and 2014. "
See also
References
External links
- The Delego PDF operation charges the twenty John Does. Retrieved January 8, 2014.
Source of the article : Wikipedia