Private citizen

Last updated

A private citizen is a citizen who does not have an official or professional role in a given situation. [1]

Contents

The same person may be a private citizen in one role, and an official in another. For example, a legislator is an official when voting in the legislature, but a private citizen when paying taxes or when undertaking a citizen's arrest in a public place.

A person may remain a de jure private citizen while having considerable political power and influence:

...Pericles, in his capacity as a private citizen, was able to dominate the affairs of the Athenian assembly, and to direct and guide the demos for nearly a generation. [2]

In law

Private citizens in qui tam actions bring suit on behalf of the state but are not officers of the court, and are possibly eligible for a reward. [3]

Private citizens may have the right to make citizen's arrests under certain circumstances, despite not being sworn law-enforcement officials. [4]

Private citizens may have the right to bring citizen suits to enforce a statute.[ citation needed ]

A government employee may be considered to be a private citizen in the context of law enforcement actions. For example, an emergency medical technician who discovered contraband on a patient was ruled not to be a "government agent" for the purposes of the constitutional restrictions on government searches. [5] [6]

See also

Notes

  1. Oxford English Dictionary , 3rd edition, 2014, s.v., definition 5
  2. Graham Maddox, "Democratic theory and the face to face society", Politics9:1:56-62 (1974) as quoted in Sparkes, A. W. (1988). "Idiots, ancient and modern". Australian Journal of Political Science. 23 (1): 101–102. doi:10.1080/00323268808402051.
  3. Gerald N. Hill, Kathleen Hill, Nolo's Plain English Law Dictionary, 2009, ISBN   1413310370, s.v. "qui tam action", p. 350
  4. Robbins, I.P. (2016). "Vilifying the vigilante: a narrowed scope of citizen's arrest". Cornell Journal of Law and Public Policy. 25 (3): 557–599. ISSN   0010-8847.
  5. Ken Wallentine, Street Legal: A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders, 2007, ISBN   1590318226, p. 145
  6. State v. Amirkhizi, 100 P.3d 225, 2004 UT App. 324 (Utah Ct. App. 2004)