Episode 247: John Doe

 

This week Shauna and Dan explore why we call an unknown person John Doe or Jane Doe. This has MUCH older history than we expected. Bonus: We yeet the Court Leet and Dan shows off his math skills

 

Bunny Trails: A Word History Podcast
Episode 247: John Doe
Record Date: September 8, 2024
Air Date: September 11, 2024

Intro

Dan:
Welcome to Bunny Trails, a whimsical adventure of idioms and other turns of phrase.

I’m Dan Pugh

Shauna:
And I’m Shauna Harrison

Each week we take an idiom or other turn of phrase and try to tell the story from its entry into the English language, to how it’s used today.

Opening Hook
Since I was a young child, I’ve been fascinated with the various practices around the world focused on remembering the dead. This included mummies and their pyramids in Ancient Egypt and the simple unmarked tombs for those whose names were unknown. As I got older, there was one question that kept coming up in studying this part of humanity, particularly in the US… who in the world is John Doe?

Meaning

John Doe is used to refer to a person whose legal name is unknown. This usage is wide-ranging and could be applied to a fugitive on the FBI’s most-wanted list or a deceased individual who is yet to be identified.

John Doe is also used as a placeholder name, often implying “this could be anyone”. For example, “This could happen to John Doe down the street.”

According to Oxford English Dictionary, “John Doe” is,

Quote
A name given to: a hypothetical (male) person or one whose name is unknown or withheld; esp. (in later use) an unidentified victim of a homicide or fatal accident. Also: (a name given to) a hypothetical ordinary or  average man.
End quote
https://www.oed.com/dictionary/john-doe_n?tab=meaning_and_use#40416766

1593
Here is an early example from 1593 from the work “The order of keeping a court leet” by Jonas Adams. Court Leet refers to a type of local court or jurisdiction, often tied to a manor, that handled minor criminal offenses, disputes, and local governance. The term "leet" comes from Old English, meaning a division or share of land, reflecting the court's role in managing local legal matters within a defined district.

Quote
After the stile of the Court entered, you shall cause the Bayliffe to crie once Oyes, and then call the Jurors. Example: John Doe, Richard Roe, John Den, Richard Fen, [etc].
End quote
https://www.oed.com/dictionary/john-doe_n?tab=meaning_and_use#40416766
https://find.library.upenn.edu/catalog/9977736910503681?hld_id=53636818770003681

This is a great example because it is using John Doe as a stand-in for an average person, a juror.

This work also ties John Doe with another fictitious name that was often used in courts at the time - Richard Roe. In fact, you may recognize the name Roe from a more recent court case - Roe v Wade and we’ll touch on that a little later in the episode.

The question is, why were these particular names used as placeholders?

History of John Doe vs. Richard Roe
The names John Doe and Richard Roe were used in the place of real names or people for court cases regarding land disputes. Property law is immensely complicated but I’m going to attempt to explain what was happening in these particular property cases in Medieval England.

England’s legal system was based on common law which was developed over centuries through precedent, not legislation. Resolving property ownership often involved tracing land transfers through generations which was complicated by feudal customs and inheritance rules.

Legal representatives - for simplicity’s sake, we’re going to call them lawyers - would present an action of ejectment to the court. Ejectment was a way to determine who should have rightful possession of the land.

Here’s the basic format of these legal proceedings.

There are two parties involved:
Party A: The actual owner of the land.
Party B: The person currently occupying or possessing the land.

In the case, Party A (the owner) claims that their fictitious tenant, John Doe, is being illegally evicted from the land by Party B. The person occupying the land, Party B, is also given a fictitious name—Richard Roe.

This legal setup allows the court to treat it as a personal claim in the form of a tenancy dispute and to efficiently settle issues without the formality of real property claims.

https://www.illinoiscourts.gov/News/1389/Illinois-Supreme-Court-history-John-Doe-and-Richard-Roe/news-detail/

Now that we’ve all been provided with an unasked-for lesson in legal customs, let’s move to the next example.

1681
The next work was published in 1681. Author acknowledgement is given to “one who is a citizen of London and an inhabitant of the borough of Southwark.” The work is titled, “A seasonable answer to a late pamphlet entitled, The vindication of Slingsby Bethel, Esq. one of the sheriffs of London and Middlesex”. Here is an excerpt,

Quote
The misled men who crowded for him, might as easily have been persuaded to give their Votes for John Doe and Richard Roe.
End quote
https://quod.lib.umich.edu/cgi/t/text/text-idx?c=eebo;idno=A58914.0001.001

In this example, John Doe and Richard Roe are being used as placeholders for hypothetical individuals rather than representing real or specific people.

1703 - Jane Doe
Jane Doe started showing up in the early 1700s. It was likely used prior to this but we have evidence in print as early as 1703 in the work Of Last Wills and Testaments: A Common-Law Treatise of Great Britain.

Quote
A Devise of Rent to Jane Doe for Life, and if she Marry or accept of any Legacy..the Rent shall cease and return to the Executor.
End quote
https://www.lawbookexchange.com/pages/books/72780/wills-great-britain/of-last-wills-and-testaments-a-common-law-treatise-containing
https://www.oed.com/dictionary/jane-doe_n?tab=meaning_and_use#137897000100

In this case, Jane Doe refers to a hypothetical female. The legal name would be used in placed of Jane Doe for an actual legal document.

1764
Up next, we have an example of the names being used as placeholders for real people. This comes from the work “The Out-port Collector and Comptroller's Guide; Or, a Complete View of the Method of Collecting the Duties on Coals, Culm and Cinders, Etc” by William Hunter, published in 1764.

Quote
The collector and comptroller of the coal duty to examine and report.
By order of the Commissioners.

We conceive that the allowance of discount, is in consideration of the duties being paid within fifteen working days, which time being elapsed in the present case, and the duties not paid, the discount, consequently cannot be allowed, unless your honours please to direct it should, and whether there are any circumstance in this case to induce your honours to grant that favour, is submitted.

John Doe Collector.
Richard Roe Comptroller.
End quote
https://www.google.com/books/edition/The_Out_port_Collector_and_Comptroller_s/q19jAAAAcAAJ?hl=en&gbpv=1&dq=%22john+doe%22&pg=PA148&printsec=frontcover

They were asking if the discounts on duties or fees could still be given despite the deadline for payment not being met. John Doe and Richard Roe were used as pseudonyms for the collector and comptroller, respectively, to preserve anonymity.

While many of the examples provided so far have used both names, there are many examples where only John Doe is used. I wanted to highlight that Richard Roe continued to be seen as a common name used in situations when there was a second one needed.

1862
The book “John Doe and Richard Roe; or, Episodes of Life in New York” by Edward S. Gould was published in 1862. Here is a synopsis from Kessinger Publishing who re-printed the book in 2010.

Quote
The story follows the lives of two young men, John Doe and Richard Roe, as they navigate the bustling city of New York in the mid-19th century. The novel explores themes of ambition, love, and morality, as the two protagonists encounter a variety of characters and situations that challenge their beliefs and values. Along the way, they become embroiled in political scandals, romantic entanglements, and personal struggles, all while striving to achieve their dreams and make a name for themselves in the city.
End quote
https://www.google.com/books/edition/John_Doe_and_Richard_Roe_Or_Episodes_of/H5ouAAAAYAAJ?hl=en&gbpv=1
https://www.amazon.com/John-Doe-Richard-Roe-Episodes/dp/1166606570

Late 1800s - Deceased Individuals
At this point, the practice of using the names John Doe and Jane Doe was common when the identity of a person was either unknown or needed to be protected. By the late 1800s, the practice expanded to coroners and law enforcement, who began using the name to label unidentified deceased individuals. This was especially useful in cases where the body of the deceased could not be immediately identified, such as in accidents, homicides, or cases of abandoned bodies. Because of the nature and content related to this usage, we’ll leave the specifics out.

1910
In the early 1900s, John Doe was used as a placeholder for all sort of things. One common occurrence was its use on mock ballots for political elections. This is seen in The Idaho Republican May 06, 1910, out of Blackfoot, Idaho.

The article gives instructions for voting, how to mark the ballot and then displays a list of options such as US Senator, State Representative, Governor, and so on. Under each title is a list of 3 names to indicate they will be able to choose who to vote for. However, every name on the ballot is John Doe.
https://chroniclingamerica.loc.gov/lccn/sn86091197/1910-05-06/ed-1/seq-3/#date1=1900&index=3&rows=20&searchType=advanced&language=&sequence=0&words=Doe+John&proxdistance=5&date2=1920&ortext=&proxtext=&phrasetext=john+doe&andtext=&dateFilterType=yearRange&page=1

1941
“Meet John Doe” is a 1941 movie starring Gary Cooper and Barbara Stanwyck. Here’s the synopsis from Rotten Tomatoes,

Quote
A reporter writes a fictitious column about a man named "John Doe," who claims to despair at America's neglect of the little people and plans to kill himself. The newspaper then hires a ballplayer-turned-hobo to pose as John Doe. In a series of radio addresses written by a publisher with fascist leanings, Doe captures the public's imagination. When he finally realizes he has been used, Doe comes to his senses and becomes the man he never knew he could be.
End quote
https://www.rottentomatoes.com/m/meet_john_doe

By this point, the name was used so frequently that it became as common to find in print as names like Smith.

We have several modern uses to cover and we’ll get to those, right after we say thank you to our sponsors.

A Quick Thank You
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Modern Uses

Roe V. Wade 1973, 2022

We are going to start off our modern uses with the well-known court case Roe v Wade. Through this case, many people learned that Roe was a pseudonym with historical significance in court cases. Again, legal proceedings are complicated so I’m going to make this overview as straightforward as possible.

The issue in Roe v. Wade was whether Texas laws criminalizing most abortions were constitutional. Roe argued that these laws violated a woman's right to privacy, which she claimed was protected by the 14th Amendment's Due Process Clause.

On January 22, 1973, the Supreme Court, in a 7-2 ruling, decided in favor of Roe’s argument. This landmark ruling significantly impacted reproductive rights and sparked ongoing debates over abortion in the U.S.

The ruling was overturned by the Dobbs v. Jackson Women's Health Organization decision in 2022.
https://www.law.cornell.edu/supremecourt/text/410/113
https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn

For this case, the plaintiff used the pseudonym Jane Roe. Using Jane Roe allowed the plaintiff to maintain anonymity while also keeping the case name unique from the many that use the more common placeholder - Jane Doe.

1978
John Doe is the stage name of vocalist and bassist from the band X. Since the name carries certain connotations of anonymity and everyman qualities, it might have appealed to him for its universal and neutral qualities. Here is a comment on the name from his official website,

Quote
John Doe was born in 1977 when he arrived in Los Angeles. His previous life in Tennessee, Wisconsin & Baltimore was a great & fertile time but new music and social changes led him to events that created a life in art.
End quote
http://www.theejohndoe.com/about

2002
John Doe is a TV series that aired in 2002. Here is a little about it from TV Guide.  

Quote
A man who knows literally everything---except his own identity---helps the Seattle police solve crimes as he tries to figure out who he is and where he came from. The high-concept sci-fi series had its loyal fans, but just not enough of them to get it renewed for a second season.
End quote
https://www.tvguide.com/tvshows/john-doe/1030312493/

I hadn’t heard of this show but the idea sounds really intriguing.

2013
John Doe is a song by rapper B.o.B. originally recorded featuring the artist Priscilla. Here are some of the lyrics.

Quote
Seems like your heart stops working
The minute they close the curtain
And take off your mask
And take off your costume
And if anyone asks you're taking a small break
Drinking some coffee
But everyone knows what you're doing
Seems like the bus moves slower
Just cause you got somewhere to go
So you take a few pills in Beverly Hills
But if anyone asks you've got a prescription
You got an addiction
Who do you think that you're fooling
John Doe, I just want the John I know
Once you put the drinks on hold
Maybe you could come back home
End quote
https://youtu.be/hqqEwo9J2hs?si=IZpsej49mf6uDFdv

I found an acoustic version of the song he did with JoJo in 2014 that I also enjoyed listening to.

2022
John Doe is the title of a visual novel / game. Here is a description found on tvtropes.org.

Quote
John Doe is a surreal horror visual novel/dating sim-style game. The game is quite short, with 7 endings which can all be achieved in about 15 minutes.

You play You, a cashier at a gas station. On your way to work, you meet John Doe, a strange fellow with an unsettling aura and weird habits. At this point, it's up to you whether you decide to "romance" him or not... at your own risk, of course.
End quote
https://mortisfox.itch.io/john-doe

This media has some pretty dark themes and has a mature rating. The character from this story fills pages and pages of results when searching art related to John Doe.

Current
John Doe is a company that designs protective motorcycle clothing and gear. Their goal is simple,

Quote
We want you to feel just as well dressed on your motorcycle as you do in everyday life… with the highest safety standards!
End Quote

Here is a little more about them…

Quote
Since 2001, we have been developing high-quality protective clothing for motorcycling in Germany that offers optimal safety, is extremely comfortable to wear and looks like urban streetwear. The result: functional high-tech clothing that stands out from conventional motorcycle clothing in terms of comfort and aesthetics. Our products have to be able to do much more than just look good and fit perfectly. Before a prototype becomes part of the collection, it goes through dozens of development steps.
End quote
https://www.ridejohndoe.com/us/motoshirt-red.html

Their clothes are really cool. Their website - RideJohnDoe dot com - provides a breakdown of how protection is integrated into each piece. One item I like is the Motoshirt, a button-up that comes in different patterns and colors. I like the grey and black plaid, as well as the black denim. It has an internal layer of their protective XTM Fiber and then additional protectors at the back, elbows, and shoulders. Plus, they look pretty awesome. Given unlimited funds, I would definitely buy some of these items for my son.


Wrap up:
Whether we're trying to catch a suspect or refer to an everyday person, the use of John Doe is both useful and, to me, a little odd. It's a concept almost everyone in the English-speaking world is familiar with, which is what makes it feel so strange. We've universally accepted that John Doe represents a random, possibly fictitious or hypothetical person—or even a placeholder for a real one. It's a way of offering information without truly giving any, which, in a way, I find appealing. We've managed to label something that, by definition, remains undefined. It's a simple yet fascinating quirk of language that speaks to the complexities of identity and anonymity.

Shauna:
That’s about all we have for today. If you have any thoughts on the show, or pop culture references we should have included, reach out to us on Patreon, patreon.com/bunnytrailspod, or comment on our website, bunnytrailspod.com


Dan:

It’s patron poll time!

Recently we asked our Patrons,

What is your favorite American candy?

We provide a list of the top 10 best selling candies in the United States according to So Sweet Shop, a UK based candy shop.

https://www.sosweetshop.co.uk/blogs/blog/top-10-most-sold-american-candy

The competition was fierce, but a few sweets came out on top. Snickers, M&Ms, and Kit Kat tied for the crown. Apparently, these classics never disappoint. Reese’s Peanut Butter Cups and Twix came in strong next, while Hershey's Milk Chocolate Bar and Jolly Rancher tied for the next spots.

As for Skittles, Starburst, Sour Patch Kids, and their fellow fruity contenders… well, they just weren’t as popular.

This round clearly belonged to the chocolate lovers. We also asked folks if they had a favorite that wasn’t on the list.

Heather said
Quote
As for what's not on the list, I love Baby Ruth. Maybe because its not as common in grocery check out lines as some of these listed, so its a rarer treat.
End quote

Pat said
Quote
Oh yeah!  I have tried and enjoyed every item on the list.  Apparently, I go more for chocolate these days. I used to love those Valentine Sweethearts- the Original- candies with the little phrases like" BE MINE" and "CUTIE PIE" AND "WINK WINK."  And, the Reese's promotional candy, like Santa Clauses and Easter Bunnies, are an occasional one time a season treat.  PEEPS!! are only good for decorating, in my opinion.
End quote

Shauna
Jan said
Quote
I'll go Jolly Ranchers from the list. Watermelon first, but orange, peach, and lemon are close behind. I'm pretty fond of Heath bars, too.
End quote

Jan, finally! Someone else who love the fruity candies. I’m a candy lover and the sour gummies typically top the list for me. That being said, I do love chocolate so I understand it being the crowd favorite. I could start talking about what candies aren’t on the list but we’d be here for days. Though, I will mention the amazingness of Nerds Clusters. They’re chewy and crunchy and sour and sweet. … and way too addictive.

Dan:
As we’ve established on the show, I don’t have much of a sweet tooth. But when I do get the craving, I’m all over the Reeses Peanut Butter Cups (and holiday blobs), plus Snickers and Twix. And peanut butter M&Ms. For those not on the list, I like heath/skor bars and Reeses Pieces.

As a reminder, our silly polls mean absolutely nothing and are not scientifically valid. And patrons of all levels, including our free tiers, can take part. Head over to patreon.com/bunnytrailspod to take this week’s poll!

Outro

Dan:
Thanks for joining us. We’ll talk to you again next week. Until then remember,

Together:
Words belong to their users.