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Stop and identify statutes
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States (colored red) in which Stop and Identify statutes were in effect as of February 20, 2013.
"Stop and identify" statutes are statutory laws in the United States that authorize police[1] to legally obtain the identification of someone whom they reasonably suspect of having committed a crime. If there is no reasonable suspicion that a crime has been committed, is being committed, or is about to be committed, an individual is not required to provide identification, even in "Stop and ID" states. In the case of Utah v. Strieff (2016), the U.S. Supreme Court ruled that an officer's stop of Edward Strieff and his demand for identification from Strieff was unlawful under Utah state law, but that the evidence collected pursuant to the stop was admissible due to the determination that Strieff was subject to a pre-existing arrest warrant. Therefore, the pre-existing warrant "attenuated" the unlawful stop-and-identify.
The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures and requires any warrant to be judicially sanctioned and supported by probable cause. Terry v. Ohio, 392 U.S. 1 (1968) established that it is constitutionally permissible for police to temporarily detain a person based on an articulable reasonable suspicion that a crime has been committed, and to conduct a search for weapons based on a reasonable belief that the person is armed. The question whether it is constitutionally permissible for the police to demand that a detainee provide his or her name was considered by the U.S. Supreme Court in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177 (2004), which held that the name disclosure did not violate the Fourth Amendment prohibition on unreasonable searches and seizures. The Hiibel Court also held that, because Hiibel had no reasonable belief that his name would be used to incriminate him, the name disclosure did not violate the Fifth Amendment right against self-incrimination; however, the Court left open the possibility that Fifth Amendment right might apply in situations where there was a reasonable belief that giving a name could be incriminating.[2] The Court accepted the Nevada supreme court interpretation of the Nevada statute that a detained person could satisfy the Nevada law by simply stating his name. The Court did not rule on whether particular identification cards could be required, though it did mention one state law requiring "credible and reliable" identification had been struck down for vagueness.[3]
Contents
[hide]
1 Police–citizen encounters
1.1 Consensual
1.2 Reasonable Suspicion
1.3 Arrest
2 Obligation to identify
2.1 Variations in "stop and identify" laws
2.2 Interaction with other laws
2.3 Interpretation by courts
2.4 Recommendations of legal-aid organizations
3 Other countries
4 See also
5 Notes
6 External links
Police–citizen encounters[edit]
In the United States, interactions between police and citizens fall into three general categories: consensual ("contact" or "conversation"), detention (often called a Terry stop, after Terry v. Ohio, 392 U.S. 1 (1968)), or arrest. "Stop and identify" laws pertain to detentions.
Different obligations apply to drivers of motor vehicles, who generally are required by state vehicle codes to present a driver’s license to police upon request.
Consensual[edit]
At any time, police may approach a person and ask questions. The objective may simply be a friendly conversation; however, the police also may suspect involvement in a crime, but lack "specific and articulable facts"[4] that would justify a detention or arrest, and hope to obtain these facts from the questioning. The person approached is not required to identify himself or answer any other questions, and may leave at any time.[5] Police are not usually required to tell a person that he is free to decline to answer questions and go about his business;[6] however, a person can usually determine whether the interaction is consensual by asking, "Am I free to go?"[7][8]
Reasonable Suspicion[edit]
A person is detained when circumstances are such that a reasonable person would believe he is not free to leave.[9]
Police may briefly detain a person if they have reasonable suspicion that the person has committed, is committing, or is about to commit a crime. Many state laws explicitly grant this authority. In Terry v. Ohio, the U.S. Supreme Court established that police may conduct a limited search for weapons (known as a "frisk") if they reasonably suspect that the person to be detained may be armed and dangerous.
Police may question a person detained in a Terry stop, but in general, the detainee is not required to answer.[10] However, many states have "stop and identify" laws that explicitly require a person detained under the conditions of Terry to identify himself to police, and in some cases, provide additional information.
Before Hiibel, it was unresolved whether a detainee could be arrested and prosecuted for refusing to disclose his name. Authority on this issue was split among the federal circuit courts of appeal,[11] and the U.S. Supreme Court twice expressly refused to address the question.[12] In Hiibel, the Court held, in a 5–4 decision, that a Nevada "stop and identify" law did not violate the United States Constitution. The Court opinion implied that a detainee was not required to produce written identification, but could satisfy the requirement merely by stating his name. Some "stop and identify" laws do not require that a detainee identify himself, but allow refusal to do so to be considered along with other factors in determining whether there is probable cause to arrest. In some states, providing a false name is an offense.[13]
As of February 2011, the Supreme Court has not addressed the validity of requirements that a detainee provide information other than his name, however some states such as Arizona have specifically codified that a detained person is not required to provide any information aside from their full name.
Arrest[edit]
Main article: Arrest
A detention requires only that police have reasonable suspicion that a person is involved in criminal activity. However, to make an arrest, an officer must have probable cause to believe that the person has committed a crime. Some states require police to inform the person of the intent to make the arrest and the cause for the arrest.[14] But it is not always obvious when a detention becomes an arrest. After making an arrest, police may search a person, his or her belongings, and his or her immediate surroundings.
Whether an arrested person must identify himself may depend on the jurisdiction in which the arrest occurs. If a person is under arrest and police wish to question him, they are required to inform the person of his Fifth-Amendment right to remain silent by giving a Miranda warning. However, Miranda does not apply to biographical data necessary to complete booking.[15][16] It is not clear whether a "stop and identify" law could compel giving one’s name after being arrested, although some states have laws that specifically require an arrested person to give his name and other biographical information,[17] and some state courts[18][19] have held that refusal to give one’s name constitutes obstructing a public officer. As a practical matter, an arrested person who refused to give his name would have little chance of obtaining a prompt release.
Obligation to identify[edit]
States with "stop and identify" laws
Alabama Ala. Code §15-5-30
Arizona Ari. Rev. Stat. Tit. 13, §2412 (enacted 2005) & Tit. 28, §1595
Arkansas Ark. Code Ann. [1]§ 5-71-213 - Loitering
Colorado Colo. Rev. Stat. §16-3-103(1)
Delaware Del. Code Ann., Tit. 11, §§1902, 1321(6)
Florida Fla. Stat. §901.151 (Stop and Frisk Law); §856.021(2) (loitering and prowling)
Georgia Ga. Code Ann. §16-11-36(b) (loitering)
Illinois Ill. Comp. Stat., ch. 725, §5/107-14
Indiana Indiana Code §34-28-5-3.5
Kansas Kan. Stat. Ann. §22-2402(1)
Louisiana La. Code Crim. Proc. Ann., Art. 215.1(A); La. Rev. Stat. 14:108(B)(1)(c)
Missouri (Kansas City Only) Mo. Rev. Stat. §84.710(2)
Montana Mont. Code Ann. §46-5-401
Nebraska Neb. Rev. Stat. §29-829
Nevada Nev. Rev. Stat. §171.123
New Hampshire N.H. Rev. Stat. Ann. §594:2, §644:6
New Mexico N.M. Stat. Ann. §30-22-3
New York N.Y. Crim. Proc. Law §140.50
North Dakota N.D. Cent. Code §29-29-21 (PDF)
Ohio Ohio Rev. Code §2921.29 (enacted 2006)
Rhode Island R.I. Gen. Laws §12-7-1
Utah Utah Code Ann. §77-7-15
Vermont Vt. Stat. Ann., Tit. 24, §1983
Wisconsin Wis. Stat. §968.24
States not listed do not have a requirement to show Identification to law enforcement officers. Some states listed have "Stop and ID" laws which may or may not require someone to identify themselves during an investigative detention.
While Wisconsin statutes allow law enforcement officers to "demand" ID, there is no statutory requirement to provide them ID nor is there a penalty for refusing to, hence Wisconsin is not a must ID state. Henes v. Morrissey, 194 Wis.2d 338, 353-54 (1995). Annotations for Wisconsin §968.24, however, state "The principles of Terry permit a state to require a suspect to disclose his or her name in the course of a Terry stop and allow imposing criminal penalties for failing to do so", citing Hiibel as authority. Hiibel held that statutes requiring suspects to disclose their names during police investigations did not violate the Fourth Amendment if the statute first required reasonable and articulable suspicion of criminal involvement. The Wisconsin Supreme Court held in Henes v. Morrissey that "A crime is made up of two parts: proscribed conduct and a prescribed penalty. "The former without the latter is no crime. ... In this case no statute penalizes a refusal to identify oneself to a law enforcement officer, and no penalty is set forth in the statute for refusing to identify oneself. This statute is part of Chapter 968 entitled "Commencement of Criminal Proceedings. By its very terms sec. 968.24 empowers a law enforcement officer to stop and question "in the vicinity where the person was stopped." The statute does not authorize a law enforcement officer to make an arrest." Additionally Henes v. Morrissey held that a detained person not providing their name isn't on its own a violation of 946.41 Resisting or obstructing officer as the act of not identifying ones self isn't a false statement with intent to mislead the officer in the performance of his or her duty.
Neither is Illinois, since the Illinois Second District Appellate Court Decision in People v. Fernandez, 2011 IL App (2d) 100473, which specifically states that section 107-14 is found in the Code of Criminal Procedure of 1963, not the Criminal Code of 1961, and governs the conduct of police officers. The fact remains that there is no corresponding duty in the Criminal Code of 1961 for a suspect to identify himself or herself.[20]
By contrast, in Hiibel v. Sixth Judicial District Court of Nevada, 542 U.S. 177, 181 (2004), a Nevada statute (Nev. Rev. Stat. § 171.123 (2003)) specifically required that a person subjected to a Terry stop “shall identify himself.” The Supreme Court held that the statute was constitutional.
As of February 2011, there is no U.S. federal law requiring that an individual identify himself during a Terry stop, but Hiibel held that states may enact such laws, provided the law requires the officer to have reasonable and articulable suspicion of criminal involvement,[21] and 24 states have done so.[22] The opinion in Hiibel implied that persons detained by police in jurisdictions with constitutional[23] "stop and identify" laws listed are obligated to identify themselves,[24] and that persons detained in other jurisdictions are not.[25] The issue may not be that simple, however, for several reasons:
The wording of "stop and identify" laws varies considerably from state to state.
Noncompliance with a "stop and identify" law that does not explicitly impose a penalty may constitute violation of another law, such as one to the effect of "resisting, obstructing, or delaying a peace officer".
State courts have made varying interpretations of both "stop and identify" and "obstructing" laws.
Variations in "stop and identify" laws[edit]
Four states’ laws (Arizona, Indiana, Louisiana, and Nevada) explicitly impose an obligation to provide identifying information.
Fifteen states grant police authority to ask questions, with varying wording, but do not explicitly impose an obligation to respond:
In Montana, police "may request" identifying information;
In Ohio, identifying information may be required "when requested"; an obligation exists only when the police suspect a person is committing, has committed, or is about to commit a criminal offense, is witness to a violent felony offense, or is witness to an attempt or conspiracy to commit a violent felony offense;
In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska, New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin), police "may demand" identifying information. Of note, though, in New Hampshire for example (RSA 594:2), statutory language authorizing a 'demand' for identity does not establish a legal requirement to provide documentation of identity (ID), or even a requirement to respond in the first place. Further, a law enforcement officer is authorized to make such 'demand' only of individuals for "whom he has reason to suspect is committing, has committed or is about to commit a crime."
Identifying information varies, but typically includes
Name, address, and an explanation of the person’s actions;
In some cases it also includes the person’s intended destination, the person’s date of birth (Indiana and Ohio), or written identification if available (Colorado). Ohio does not require the person's intended destination. Ohio requires only name, address, or date of birth. Date of birth is NOT required if the age of the person is an element to the crime (such as underage drinking, curfew violation, etc...) that the person is reasonably suspected of.[26] Indiana requires either name, address, and date of birth, or driver's license, if on the person's possession, and only applies if the person was stopped for an infraction or ordinance violation.[27]
Arizona law, apparently written specifically to codify the holding in Hiibel, requires a person’s "true full name".
Nevada law, which requires a person to "identify himself or herself", apparently requires only that the person state his or her name.
Texas law requires a person to provide their name, residence address and date of birth if lawfully arrested and asked by police. (A detained person or witness of a crime is not required to provide any identifying information, however it is a crime for a detained person or witness to give a false name.)
In four states (Arkansas, Florida, Georgia, and Rhode Island), failure to identify oneself is one factor to be considered in a decision to arrest. In all but Rhode Island, the consideration arises in the context of loitering or prowling.
Seven states (Arizona, Florida, Indiana, Louisiana, New Mexico, Ohio, and Vermont) explicitly impose a criminal penalty for noncompliance with the obligation to identify oneself.
As of February 2011, the validity of a law requiring that a person detained provide anything more than stating his or her name has not come before the U.S. Supreme Court.
Interaction with other laws[edit]
In states whose "stop and identify laws" do not directly impose penalties, a lawful arrest must be for violation of some other law, such as one to the effect of "resisting, obstructing, or delaying a peace officer". For example, the Nevada "stop and identify" law challenged in Hiibel did not impose a penalty on a person who refused to comply, but the Justice Court of Union Township, Nevada, determined that Hiibels refusal to identify himself[28] constituted a violation of Nevada "obstructing" law.[29] A similar conclusion regarding the interaction between Utah "stop and identify" and "obstructing" laws was reached in Oliver v. Woods (10th Cir. 2000).
Interpretation by courts[edit]
"Stop and identify" laws in different states that appear to be nearly identical may be different in effect because of interpretations by state courts. For example, California "stop and identify" law, Penal Code §647(e) had wording[30][31] similar to the Nevada law upheld in Hiibel, but a California appellate court, in People v. Solomon (1973), 33 Cal.App.3d 429 construed the law to require "credible and reliable" identification that carries a "reasonable assurance" of its authenticity. Using this construction, the U.S. Supreme Court held the law to be void for vagueness in Kolender v. Lawson, 461 U.S. 352 (1983).[32]
Some courts have recognized a distinction authorizing police to demand identifying information and specifically imposing an obligation of a suspect to respond.[33] Other courts have apparently interpreted demand to impose an obligation on the detainee to comply.[34][35]
Wording and interpretation by state courts of "obstructing" laws also varies; for example, New York "obstructing" law[36] apparently requires physical rather than simply verbal obstruction;[37][38] likewise, a violation of the Colorado "obstructing" law appears to require use or threat of use of physical force. However, the Colorado Supreme Court held in Dempsey v. People, No. 04SC362 (2005) (PDF) that refusing to provide identification was an element in the "totality of the circumstances" that could constitute obstructing an officer, even when actual physical interference was not employed.[39] Utah "obstructing" law does not require a physical act, but merely a failure to follow a "lawful order . . . necessary to effect the . . . detention";[40] a divided court in Oliver v. Woods concluded that failure to present identification constituted a violation of that law.[35]
It is not universally agreed that, absent a "stop and identify law", there is no obligation for a detainee to identify himself. For example, as the U.S. Supreme Court noted in Hiibel, California "stop and identify" statute was voided in Kolender v. Lawson. But in People v. Long,[41] decided four years after Kolender, a California appellate court found no constitutional impropriety in a police officer’s demand for written identification from a detainee. The issue before the Long court was a request for suppression of evidence uncovered in a search of the defendant’s wallet, so the issue of refusal to present identification was not directly addressed; however, the author of the Long opinion had apparently concluded in a 1980 case that failure to identify oneself did not provide a basis for arrest.[42] Nonetheless, some cite Long in maintaining that refusal to present written identification constitutes obstructing an officer.[43] Others disagree, and maintain that persons detained by police in California cannot be compelled to identify themselves.[44]
Some courts, e.g., State v. Flynn (Wis. 1979)[45] and People v. Loudermilk (Calif. 1987)[46] have held that police may perform a search for written identification if a suspect refuses to provide it; a later California decision, People v. Garcia (2006) strongly disagreed.[47]
Recommendations of legal-aid organizations[edit]
Some legal organizations, such as the National Lawyers Guild and the ACLU of Northern California, recommend to either remain silent or to identify oneself whether or not a jurisdiction has a "stop and identify" law:
And in any state, police do not always follow the law, and refusing to give your name may make them suspicious and lead to your arrest, so use your judgment. If you fear that your name may be incriminating, you can claim the right to remain silent, and if you are arrested, this may help you later. Giving a false name could be a crime.[48]
In a more recent pamphlet, the ACLU of Northern California elaborated on this further, recommending that a person detained by police should:
. . . give your name and the information on your drivers’ license. If you don’t, you may be arrested, even though the arrest may be illegal.[49]
Other countries[edit]
Main article: List of national identity card policies by country
Many countries allow police to demand identification and arrest people who do not carry any. Normally these countries provide all residents with national identity cards, which have the identity information the police would want to know, including citizenship. Foreign visitors need to have their passport available to show at all times. In some cases national identity cards from certain other countries are accepted.
For example, in Portugal it is compulsory to carry the state ID card at all times. This card named Cartão de Cidadão - Citizen Card is an electronic card which includes biometric information, id number, social security number, fiscal information, place of birth, etc. Police can only ask for the ID card in public or a place open to public and only if there is a reasonable suspicion the person committed a crime. A certified copy of the ID card can be presented in such situations. If a citizen does not carry the ID card or its certified copy, the police will escort the person to the police department to remain detained until clear identification can be obtained.[50]
See also[edit]
Brown v. Texas
Hiibel v. Sixth Judicial District Court of Nevada
Kolender v. Lawson
Miranda v. Arizona
Loitering
Notes[edit]
Jump up ^ Although police and police officer are used throughout this article, most "stop and identify" laws use the term peace officer (or sometimes law enforcement officer). In general, peace officers are state civil officers charged with preserving the public peace and granted the authority to do so. Peace officers normally include police officers, sheriffs and sheriffs' deputies, marshals, constables, and often many other persons; those included vary among the states.
Jump up ^ In upholding Hiibel's conviction, the Court noted,
In this case petitioner’s refusal to disclose his name was not based on any articulated real and appreciable fear that his name would be used to incriminate him.... As best we can tell, petitioner refused to identify himself only because he thought his name was none of the officer’s business. — 542 U.S. at 190
But the Court did leave open the possibility of different circumstances:
Still, a case may arise where there is a substantial allegation that furnishing identity at the time of a stop would have given the police a link in the chain of evidence needed to convict the individual of a separate offense. In that case, the court can then consider whether the privilege applies, and, if the Fifth Amendment has been violated, what remedy must follow. We need not resolve those questions here. — 542 U.S. at 191
Jump up ^ Writing for the Court in Hiibel v. Sixth Judicial District Court of Nevada, Justice Kennedy stated,
Here the Nevada statute is narrower and more precise. The statute in Kolender had been interpreted to require a suspect to give the officer "credible and reliable" identification. In contrast, the Nevada Supreme Court has interpreted NRS §171.123(3) to require only that a suspect disclose his name. — 542 U.S. at 184–185
Justice Kennedy continued,
As we understand it, the statute does not require a suspect to give the officer a drivers license or any other document. Provided that the suspect either states his name or communicates it to the officer by other means—a choice, we assume, that the suspect may make—the statute is satisfied and no violation occurs. — 542 U.S. at 185
Writing for the Nevada Supreme Court in Hiibel v. Dist. Ct., Chief Justice Young said,
The suspect is not required to provide private details about his background, but merely to state his name to an officer when reasonable suspicion exists. — 118 Nev. 868 at 875
Jump up ^ Writing for the Court in Terry v. Ohio, Chief Justice Warren stated,
And in justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. — 392 U.S. at 21
Jump up ^ Writing for the Court in Florida v. Royer 460 U.S. 491 (1983), Justice White stated,
The person approached, however, need not answer any question put to him; indeed, he may decline to listen to the questions at all and may go on his way. — 460 U.S. at 497–498
Jump up ^ Writing for the Court in United States v. Mendenhall, 446 U.S. 544 (1980) Justice Stewart stated,
Our conclusion that no seizure occurred is not affected by the fact that the respondent was not expressly told by the agents that she was free to decline to cooperate with their inquiry, for the voluntariness of her responses does not depend upon her having been so informed. — 446 U.S. at 555
Jump up ^ The ACLU publication Know Your Rights When Encountering Law Enforcement states,
You can say, "I do not want to talk to you" and walk away calmly. Or, if you do not feel comfortable doing that, you can ask if you are free to go. If the answer is yes, you can consider just walking away. Do not run from the officer. If the officer says you are not under arrest, but you are not free to go, then you are being detained.
Jump up ^ If the encounter is consensual, a person approached need not actually leave to terminate the encounter, but may simply ignore police. In Michigan v. Chesternut, 486 U.S. 567 (1988), Justice Blackmun explained the Court’s holding that Chesternut had not been detained, stating that the police conduct "would not have communicated to a reasonable person that he was not at liberty to ignore the police presence and go about his business." — 486 U.S. at 569
Jump up ^ Writing for the Court in United States v. Mendenhall, 446 U.S. 544 (1980) Justice Stewart stated:
We conclude that a person has been "seized" within the meaning of the Fourth Amendment only if, in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave. — 446 U.S. at 554
Jump up ^ In a concurring opinion in Terry v. Ohio, Justice White stated that a person detained can be questioned but is "not obliged to answer, answers may not be compelled, and refusal to answer furnishes no basis for an arrest." This opinion, in turn, was cited in many later cases, including Berkemer v. McCarty, 468 U.S. 420 (1984).
Jump up ^ In describing the split authority among the federal appellate court circuits in Hiibel v. Dist. Ct., the Nevada Supreme Court stated:
In Oliver v. Woods, [209 F.3d 1179, 1190 (10th Cir. 2000)] the Tenth Circuit Court of Appeals upheld a Utah statute that requires individuals to produce identification to an officer during an investigatory stop. However, in Carey v. Nevada Gaming Control Board [279 F.3d 873, 881 (9th Cir. 2002)], the Ninth Circuit Court of Appeals held that NRS 171.123(3) violates the Fourth Amendment because " ‘the serious intrusion on personal security outweighs the mere possibility that identification [might] provide a link leading to arrest.’ "
Jump up ^ In Hiibel v. Dist. Ct., the Nevada Supreme Court noted that the U.S. Supreme Court declined to address the issue of identification in Brown v. Texas, 443 U.S. 47 (1979), at 53 n.3 ("We need not decide whether an individual may be punished for refusing to identify himself in the context of a lawful investigatory stop which satisfies Fourth Amendment requirements."); and Kolender v. Lawson, 461 U.S. 352 (1983), 361–62 n.10 (holding that a California statute was unconstitutional on vagueness grounds, but refusing to consider whether the statute violated the Fourth Amendment).
Jump up ^ Texas does not require a detainee to identify himself unless he has been lawfully arrested, but does make it a crime to provide a false name. Texas Penal Code § 38.02 reads, in relevant part,
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
Jump up ^ California Penal Code § 841, states, in relevant part,
The person making the arrest must inform the person to be arrested of the intention to arrest him, of the cause of the arrest, and the authority to make it . . .
Jump up ^ In Pennsylvania v. Muniz, 496 U.S. 582 (1990), the Court cited the Brief for United States as Amicus Curiae 12 quoting United States v. Horton, 873 F.2d 180, 181, n. 2 [CA8 1989]),
the questions fall within a "routine booking question" exception which exempts from Miranda coverage questions to secure the "'biographical data necessary to complete booking or pretrial services.'" — 496 U.S. at 601–602
Jump up ^ The Fifth Amendment prohibits only communication that is testimonial, incriminating, and compelled; see United States v. Hubbell, 530 U.S. 27 (2000), at 34–38. Hiibel held that, in the circumstances of the case, a person’s name is not incriminating, and consequently is not protected by the Fifth-Amendment privilege against self-incrimination. — 530 U.S. at 34–38
Jump up ^ Texas Penal Code, Title 8, §38.02(a), reads
A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
Giving false information is a related, and usually more serious offense (under Subsection [b], noted above), and applies to detainees as well as arrestees.
Jump up ^ In People v. Quiroga (1993) 16 Cal.App.4th 961, the Court held that refusal to disclose one’s identity following a felony arrest constituted obstructing an officer:
These statutory provisions lead to the conclusion that a refusal to disclose personal identification following arrest for a misdemeanor or infraction cannot constitute a violation of [California] Penal Code section 148. . . . Section 148 can reasonably be construed as applying to nondisclosure of identity following arrest for felonies, but not minor offenses, if this exception applies to the provisions cited above dealing with arrests for minor offenses. — 16 Cal.App.4th 961, 970
Similar refusal following arrest for a misdemeanor or infraction did not violate the statute because the Legislature had "established other ways of dealing with such nondisclosure".
Jump up ^ In Burkes v. State (Fla. 2d DCA 1998), Case No. 97-00552, the Court, in affirming the appellant’s conviction for violation of § 843.02, Florida Statutes, "Resisting officer without violence to his or her person", stated:
The most compelling argument we discern for answering this question in the affirmative is that the right to remain silent means just that and has no exceptions. We, nevertheless, conclude that after an individual has been lawfully arrested, he must provide his name or otherwise identify himself when asked by law enforcement officers.
Jump up ^ http://www.illinoiscourts.gov/opinions/AppellateCourt/2011/2ndDistrict/December/2100473.pdf
Jump up ^ The Hiibel Court held, "The principles of Terry permit a State to require a suspect to disclose his name in the course of a Terry stop." — 542 U.S. at 187
Jump up ^ The opinion in Hiibel included a list of 21 states with "stop and identify" laws. For some reason, the Indiana law was not included in the list; the Arizona and Ohio laws have been enacted since Hiibel was decided. The Texas law only applies to arrested persons.
Jump up ^ "Constitutional" means that the law requires the officer to have reasonable and articulable suspicion of criminal involvement. See Hiibel.
Jump up ^ Writing for the Court in Hiibel, Justice Kennedy stated, "the source of the legal obligation [to identify oneself] arises from Nevada state law". — 542 U.S. at 187
Jump up ^ In Hiibel, Justice Kennedy stated, "In other States, a suspect may decline to identify himself without penalty.″ — 542 U.S. at 183
Jump up ^ "Lawriter - ORC - 2921.29 Failure to disclose personal information". State of Ohio Codes.
Jump up ^ Assembly, Indiana General. "Indiana Code 2016 - Indiana General Assembly, 2016 Session".
Jump up ^ The opinion noted that Hiibel was asked to provide identification, which the Court understood as a request to produce a driver’s license or some other form of written identification, 11 different times; however, it did not indicate that Hiibel was ever asked simply to identify himself.
Jump up ^ NRS §199.280 provides a penalty for a person who "willfully resists, delays or obstructs a public officer in discharging or attempting to discharge any legal duty of his office"
Jump up ^ California stop-and-identify law in Penal Code §647(e) was repealed several years after 1983 and the sub-sections re-lettered, so the current Penal Code §647(e) is what used to be Penal Code §647(f). Also, do not confuse Penal Code §647(e) with Penal Code §647e.
Jump up ^ (voided in Kolender v. Lawson), read, in relevant part,
Every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: . . . (e) who loiters or wanders upon the streets or from place to place without apparent reason or business and who refuses to identify himself and to account for his presence when requested by any peace officer so to do, if the surrounding circumstances are such as to indicate to a reasonable man that the public safety demands such identification.
Jump up ^ In voiding California Penal Code §647(e) in Kolender v. Lawson, Justice O’Connor, writing for the Court, noted that
Section 647(e), as presently drafted and as construed by the state courts, contains no standard for determining what a suspect has to do in order to satisfy the requirement to provide a "credible and reliable" identification. As such, the statute vests virtually complete discretion in the hands of the police to determine whether the suspect has satisfied the statute. — 461 U.S. at 358
Jump up ^ Writing for the Court in People v. Love, 318 Ill.App.3d 534 (2000), rev'd on other grounds, People v. Love, No. 90806 (2002), Justice O’Brien stated,
The State next argues that the officer’s order was a justifiable means of compelling defendant to state her name pursuant to section 107-14, which provides that an officer making a Terry stop may "demand the name and address of the person and an explanation of his actions." 725 ILCS 5/107-14 (West 1992). However, while section 107-14 states that an officer may "demand" the defendant’s name, it does not provide that the officer may compel a response. Further, the United States Supreme Court has stated in the context of a Terry stop: "[T]he officer may ask the detainee a moderate number of questions to determine his identity and to try to obtain information confirming or dispelling the officer’s suspicions. But the detainee is not obliged to respond." (Emphasis added.) Berkemer v. McCarty, 468 U.S. 420, 438, 82 L. Ed. 2d 317, 334, 104 S. Ct. 3138, 3150 (1984).
Noting Berkemer v. McCarty (and Justice White’s concurring opinion in Terry that Berkemer quoted), the Hiibel Court stated, "We do not read these statements as controlling" (542 U.S. at 187), so Love is probably weakened to the extent that it relies on Berkemer.
Jump up ^ In Cady v. Sheahan (7th Cir. 2006), the Court stated,
In Hiibel, the Supreme Court held that states are permitted to statutorily authorize the demand for identification during a Terry stop, and to require compliance with such demand. 542 U.S. at 188, 124 S.Ct. 2451. Cady’s identity was relevant to the purpose of the stop and the officers did not exceed the scope of the stop by requesting identification. [footnotes omitted]
^ Jump up to: a b Writing for the Court in Oliver v. Woods, 209 F.3d 1179 (10th Cir. 2000), Judge Brorby stated,
Section 76-8-305 does not require the use of force; mere refusal to perform any act required by a lawful order necessary to effect the detention is sufficient to constitute a violation of § 76-8-305. Moreover, an individual who merely refuses to refrain from performing any act that would impede the arrest or detention violates this section. . . . Thus, Officer Woods gave a lawful order when he told Mr. Oliver to present identification and to remain in the parking lot while he conducted the investigation. By refusing to present identification, Mr. Oliver refused to perform an act required by lawful order, necessary to effect the detention.
Jump up ^ New Yorks "obstructing" law, NY Consolidated Laws Penal (PEN) §195.05, reads, in relevant part,
A person is guilty of obstructing governmental administration when he intentionally obstructs, impairs or perverts the administration of law or other governmental function, or prevents or attempts to prevent a public servant from performing an official function, by means of intimidation, physical force or interference, or by means of any independently unlawful act
Jump up ^ In People v. Offen, 408 N.Y.S.2d 914, 96 Misc.2d 147 (1978), Judge Hertz stated,
An essential element of the crime of obstructing governmental administration, to be charged in an information, must be an act of either (1) intimidation or (2) physical force or interference or (3) an independently unlawful act.
Plainly, ignoring an officer’s request for identification is not a crime, nor does that act supply any such element. Though it is clear that such conduct risks pursuit and arrest, no crime has been charged here. — 96 Misc.2d at 150
Jump up ^ See When Do You Have to Give Your Name at the RNC Protests? under External links for an analysis of New York "stop and identify" and "obstructing" laws by Just Cause Law Collective lawyer Katya Komisaruk.
Jump up ^ Colorado "obstructing" law, Colorado Revised Statutes §18-8-104(1), reads, in relevant part,
A person commits obstructing a peace officer . . . when by using or threatening to use violence, force, physical interference, or an obstacle, such person knowingly obstructs, impairs, or hinders the enforcement of the penal law or the preservation of the peace by a peace officer, acting under color of his or her official authority.
Jump up ^ Utah "obstructing" law, Utah Code §76-8-305, reads as follows:
Interference with arresting officer.
A person is guilty of a class B misdemeanor if he has knowledge, or by the exercise of reasonable care should have knowledge, that a peace officer is seeking to effect a lawful arrest or detention of that person or another and interferes with the arrest or detention by:
(1) use of force or any weapon;
(2) the arrested person’s refusal to perform any act required by lawful order:
(a) necessary to effect the arrest or detention; and
(b) made by a peace officer involved in the arrest or detention; or
(3) the arrested person’s or another person’s refusal to refrain from performing any act that would impede the arrest or detention.
Jump up ^ In People v. Long (1987) 189 Cal.App.3d 77, Justice Agliano wrote,
The voluntary display of identification is a routine experience for most of us. Measured against the obvious and substantial need for police recording the identity of a person suspected of having committed a crime, we find reasonable the minimal intrusion involved here in requiring the production of identification. In addition, defendant’s oral statement of his name was suspect when he insisted he had no identification while appearing to carry a wallet and, in addition, he seemed intoxicated. — 189 Cal.App.3d at 88
Jump up ^ In In re Gregory S. (1980), 112 Cal.App.3d 764, Justice Agliano wrote
We find no authority to support the court’s legal conclusion that a person who merely refuses to identify himself or to answer questions in a context similar to that before us thereby violates Penal Code section 148 or otherwise furnishes ground for arrest.
The Legislature has required citizen self-identification in prescribed situations. Vehicle Code section 40302 calls for the production of a driver’s license or identification upon arrest for a violation of that code; Vehicle Code section 12951 requires production of a driver’s license by the driver of a motor vehicle upon the request of an officer. Penal Code section 647, subdivision (e) imposes a duty to identify oneself when such person loiters or wanders upon the streets or from place to place without apparent reason or business, and the surrounding circumstances reasonably indicate that the public safety demands identification. Section 647, subdivision (e) was held valid in People v. Solomon (1973) 33 Cal.App.3d 429 [108 Cal.Rptr. 867], in which strong consideration was given to the legislatively declared governmental purpose to be served by identification when the conditions described in the statute exist. (Id, at p. 436; see also California v. Byers (1971) 402 U.S. 424 [29 L.Ed.2d 9, 91 S.Ct. 1535].) None of the statutory conditions requiring identification existed in this case. — 112 Cal.App.3d at 779
Note: Penal Code 647, subdivision (e) was voided by the U.S. Supreme Court in Kolender v. Lawson (1983).
Jump up ^ Shortly after Hiibel was decided, the Alameda County (California) District Attorney's Office provided a case analysis (PDF) maintaining that refusal to identify oneself and provide written identification (if available) constitutes a violation of Penal Code §148(a)(1), resisting, delaying, or obstructing an officer. The topic is further discussed in the 2010 edition of Point of View.
Jump up ^ The California Peace Officers Legal Sourcebook ("CPOLS"; written by the office of the California Attorney General) maintains that failure to identify oneself does not constitute a violation of California Penal Code §148(a)(1), resisting, delaying, or obstructing a peace officer:
Unlike Nevada and other states, California does not have a statute mandating that a detainee identify himself, and that obligation cannot be read into Penal Code section 148. . . . Hiibel does not provide a means of arresting someone for failing or refusing to identify himself. (Revision 176, 9/15/2014, p. 2.14a; page last revised 1/10)
Jump up ^ In State v. Flynn (1979) 92 Wis.2d 427 [285 N.W.2d 710, 718], cert. den. 449 U.S. 846, the Wisconsin Supreme Court held that the Terry limitation of a search "to an intrusion reasonably designed to discover guns, knives, clubs, or other hidden instruments for the assault of the police officer." (392 U.S. at 29) was limited to the specific circumstances of Terry. Chief Justice Beilfuss wrote,
It is clear from the language itself that the court’s holding in Terry was limited to the precise situation before it. The court did not say that the sole justification for any search on less than probable cause is the protection of the police officer and others, but that that was the sole justification of the search in the situation then before it. The situation before us is significantly different.
Jump up ^ In People v. Loudermilk (1987) 195 Cal.App.3d 996, Justice Low stated,
Neither case [Kolender v. Lawson or Brown v. Texas] could be interpreted to prevent a police officer from demanding that a Terry suspect produce proof of identification. Further, nothing in those or other cases cited by defendant prevents an officer from seizing a wallet found during a lawful patdown search after that suspect has lied to the officer that he had no identification. — 195 Cal.App.3d at 1003
Justice Low noted the similarity to Flynn, and continued,
We must emphasize that we do not hold that a suspect may be detained and searched merely because he either refused to identify himself or refused to produce proof of identification. Nor do we hold that each time an officer conducts a Terry stop he may immediately conduct a search for identification. The rule we announce does not provide officers with unfettered discretion and does not open citizens to harassment. — 195 Cal.App.3d at 1004
Jump up ^ In People v. Garcia (2006) 145 Cal.App.4th 782, Justice Yegan, noting State v. Flynn (Wis. 1979) and State v. Wilcox (N.J. 1981), stated,
We need not look to other jurisdictions to decide this case. We would have to indulge in legal legerdemain to justify a patdown search for identification. In fact, it would require a rewriting of Terry v. Ohio, supra, which we could not and would not undertake even if we were so inclined. Here, the record is devoid of any concern that appellant was armed and dangerous. The sole reason for the patdown was to gather evidence of identification.
A fair reading of Terry v. Ohio, and its reference to the lower court opinion in State v. Terry show that the "frisk" allowable upon a proper showing was " ‘. . . only a "frisk" for a dangerous weapon. It by no means authorizes a search for contraband, evidentiary material, or anything else in the absence of reasonable grounds to arrest. Such a search is controlled by requirements of the Fourth Amendment, and probable cause is essential.’ " (Terry v. Ohio, supra, 392 U.S. at p. 16, fn. 12 [20 L. Ed. 2d at p. 903, fn. 12.) Our own Supreme Court has unanimously so held. (People v. Lawler (1973) 9 Cal.3d 156, 161 [pat-down search "only" for weapons].) If stare decisis means anything (and it does) and if the word only means only (and it does), the trial court was required to grant this suppression motion as a matter of law. (Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450.) — 145 Cal.App.4th at 788
Jump up ^ "Know Your Rights! What to Do if Questioned by Police, FBI, Customs Agents or Immigration Officers" (pdf). National Lawyers Guild, S.F. Bay Area Chapter; ACLU of Northern California; American Arab Anti-Discrimination Committee. August 2004. Retrieved 2012-02-07.
Jump up ^ "Your Rights and the Police". ACLU of Northern California. Retrieved 2014-07-10.
Jump up ^ www.view.pt), VIEW. (info@view.pt -. "Um cidadão traz habitualmente consigo apenas uma fotocópia do cartão de cidadão ou do bilhete de identidade. Se a autoridade lhe exigir a identificação, pode estar descansado? - Direitos e Deveres dos Cidadãos".
External links[edit]
ACLU "Bust Card" What To Do If You’re Stopped By The Police
ACLU Know Your Rights When Encountering Law Enforcement
10 Rules for Dealing with Police from FlexYourRights.org, a 501(c)(3) educational nonprofit organization.
California Codes
Colorado Revised Statutes
Nevada Revised Statutes
New York Legislature Source for New York State Laws
Stop-and-Identify Laws from Police Chief magazine
Suspects Who Refuse to Identify Themselves from Police Chief magazine
The Identity Project: Hiibel
When Do You Have to Give Your Name at the RNC Protests? An analysis of New York's "stop and identify" law.
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The Way of the World
From Wikipedia, the free encyclopedia
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For other uses, see Way of the World (disambiguation).
The Way of the World
Facsimile of the original title page for The Way of the World published in 1700
Written by
William Congreve
Date premiered
1700
Place premiered
Lincoln's Inn Fields
Genre
Restoration comedy
Setting
London
The Way of the World is a play written by the English playwright William Congreve. It premiered in early March 1700 in the theatre in Lincoln's Inn Fields in London. It is widely regarded as one of the best Restoration comedies and is still occasionally performed. Initially, however, the play struck many audience members as continuing the immorality of the previous decades, and was not well received.[1]
Contents
1 Characters
2 Plot
3 Epigraph of the 1700 edition
4 Historical context
5 Further points of consideration
6 References
7 External links
Characters[edit]
The play is centred on the two lovers Mirabell and Millamant (originally played by John Verbruggen and Anne Bracegirdle). In order for them to marry and receive Millamant's full dowry, Mirabell must receive the blessing of Millamant's aunt, Lady Wishfort. Unfortunately, Lady Wishfort is a very bitter lady who despises Mirabell and wants her own nephew, Sir Wilfull, to wed Millamant.
Another character, Fainall, is having a secret affair with Mrs. Marwood, a friend of Mrs. Fainall's, who in turn once had an affair with Mirabell.
In the meantime, Mirabell's servant is married to Foible, Lady Wishfort's servant. Waitwell pretends to be Sir Rowland and, on Mirabell's command, tries to trick Lady Wishfort into a false engagement.
Plot[edit]
Act 1 is set in a chocolate house where Mirabell and Fainall have just finished playing cards. A footman comes and tells Mirabell that Waitwell (Mirabell's male servant) and Foible (Lady Wishfort's female servant) were married that morning. Mirabell tells Fainall about his love of Millamant and is encouraged to marry her. Witwoud and Petulant appear and Mirabell is informed that should Lady Wishfort marry, he will lose £6000 of Millamant's inheritance. He will only get this money if he can get Lady Wishfort’s consent to his and Millamant's marriage.
Act 2 is set in St. James’ Park. Mrs. Fainall and Mrs. Marwood are discussing their hatred of men. Fainall appears and accuses Mrs. Marwood (with whom he is having an affair) of loving Mirabell (which she does). Meanwhile, Mrs. Fainall (Mirabell's former lover) tells Mirabell that she hates her husband, and they begin to plot to deceive Lady Wishfort into giving her consent to the marriage. Millamant appears in the park and, angry about the previous night (when Mirabell was confronted by Lady Wishfort), she tells Mirabell of her displeasure in his plan, which she only has a vague idea about. After she leaves, the newly wed servants appear and Mirabell reminds them of their roles in the plan.
Acts 3, 4 and 5 are all set in the home of Lady Wishfort. We are introduced to Lady Wishfort who is encouraged by Foible to marry the supposed Sir Rowland – Mirabell's supposed uncle – so that Mirabell will lose his inheritance. Sir Rowland is, however, Waitwell in disguise, and the plan is to entangle Lady Wishfort in a marriage which cannot go ahead, because it would be bigamy, not to mention a social disgrace (Waitwell is only a serving man, Lady Wishfort an aristocrat). Mirabell will offer to help her out of the embarrassing situation if she consents to his marriage. Later, Mrs. Fainall discusses this plan with Foible, but this is overheard by Mrs. Marwood. She later tells the plan to Fainall, who decides that he will take his wife's money and go away with Mrs. Marwood.
Mirabell and Millamant, equally strong-willed, discuss in detail the conditions under which they would accept each other in marriage (otherwise known as the "proviso scene"), showing the depth of their feeling for each other. Mirabell finally proposes to Millamant and, with Mrs. Fainall's encouragement (almost consent, as Millamant knows of their previous relations), Millamant accepts. Mirabell leaves as Lady Wishfort arrives, and she lets it be known that she wants Millamant to marry her nephew, Sir Wilfull Witwoud, who has just arrived from the countryside. Lady Wishfort later gets a letter telling her about the Sir Rowland plot. Sir Rowland takes the letter and accuses Mirabell of trying to sabotage their wedding. Lady Wishfort agrees to let Sir Rowland bring a marriage contract that night.
By Act 5, Lady Wishfort has found out the plot, and Fainall has had Waitwell arrested. Mrs. Fainall tells Foible that her previous affair with Mirabell is now public knowledge. Lady Wishfort appears with Mrs. Marwood, whom she thanks for unveiling the plot. Fainall then appears and uses the information of Mrs. Fainall's previous affair with Mirabell and Millamant's contract to marry him to blackmail Lady Wishfort, telling that she should never marry and that she is to transfer her fortune to him. Lady Wishfort offers Mirabell her consent to the marriage if he can save her fortune and honour. Mirabell calls on Waitwell who brings a contract from the time before the marriage of the Fainalls in which Mrs. Fainall gives all her property to Mirabell. This neutralises the blackmail attempts, after which Mirabell restores Mrs. Fainall's property to her possession and then is free to marry Millamant with the full £6000 inheritance.
Epigraph of the 1700 edition[edit]
The epigraph found on the title page of the 1700 edition of The Way of the World contains two Latin quotations from Horace's Satires. In their wider contexts they read in English:
"It is worthwhile, for those of you who wish adulterers no success, to hear how much misfortune they suffer, and how often their pleasure is marred by pain and, though rarely achieved, even then fraught with danger."
"I have no fear in her company that a husband may rush back from the country, the door burst open, the dog bark, the house shake with the din, the woman, deathly pale, leap from her bed, her complicit maid shriek, she fearing for her limbs, her guilty mistress for her dowry and I for myself."
The quotations offer a forewarning of the chaos to ensue from both infidelity and deception.
Historical context[edit]
In 1700, the world of London theatre-going had changed significantly from the days of, for example, The Country Wife. Charles II was no longer on the throne, and the jubilant court that revelled in its licentiousness and opulence had been replaced by the far more dour and utilitarian Dutch-inspired court of William of Orange. His wife, Mary II, was, long before her death, a retiring person who did not appear much in public. William himself was a military king who was reported to be hostile to drama. The political instabilities that had been beneath the surface of many Restoration comedies were still present, but with a different side seeming victorious.
One of the features of a Restoration comedy is the opposition of the witty and courtly (and Cavalier) rake and the dull-witted man of business or the country bumpkin, who is understood to be not only unsophisticated but often (as, for instance, in the very popular plays of Aphra Behn in the 1670s) either Puritan or another form of dissenter. In 1685, the courtly and Cavalier side was in power, and Restoration comedies belittled the bland and foolish losers of the Restoration. However, by 1700, the other side was ascendant. Therefore, The Way of the World's recreation of the older Restoration comedy's patterns is only one of the things that made the play unusual.
The 1688 revolution concerning the overthrow of James II created a new set of social codes primarily amongst the bourgeoisie. The new capitalist system meant an increasing emphasis on property and property law. Thus, the play is packed with legal jargon and financial and marital contracts. These new legal aspects allow characters like Mrs. Fainall to secure her freedom through an equitable trust and for Mirabell and Millamant's marriage to be equal though a prenuptial agreement.
This shift in social perspectives is perhaps best shown in the characters of Fainall and Mirabell, who represent respectively the old form and new form of marital relations: sexual power at first and then developing into material power.
Further points of consideration[edit]
Several aspects of the play give rise to critical discussion:
The love expressed in the play tends to be centred on material gain rather than the love of the partner. This can be seen in the scene where Millamant and Mirabell effectively carry out a pre-nuptial agreement, Millamant insisting on having all manner of liberties and powers, quite unusual for the time.
None of the characters in the play can really be seen as 'good', and as such it is difficult to find a hero or heroine, or indeed anybody whom one would find deserving of sympathy.
It is worth considering that the play itself, while often regarded as a satire on the lives of the idle-classes in 1700, may simply testify non-satirically to the experiences of the idle-classes.
References[edit]
Jump up ^ Our Dramatic Heritage: The Eighteenth Century, p.14, edited by Philip George Hill
Congreve, William (2000). The Way of the World. London, England: A & C Black Limited.
Klekar, Cynthia. “Obligation, Coercion, and Economy: The Gift of Deed in Congreve’s The Way of the World.” In The Culture of the Gift in Eighteenth-Century England, ed. Linda Zionkowski and Cynthia Klekar. New York: Palgrave MacMillan, 2009
External links[edit]
Wikisource has original text related to this article:
The Way of the World
Wikimedia Commons has media related to The Way of the World (Congreve play).
The Way of the World at Project Gutenberg.
The Way of the World at the Internet Broadway Database
Oxford Playhouse Review of The Way of the World on the BBC website.
Daily Info review of the play.
The Way of the World public domain audiobook at LibriVox
Some analysis of the play as part of a college writing assignment.
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William Congreve
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Kit-Kat Club
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Restoration comedy
People
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John Dryden
Henrietta Godolphin
Mary Osborne
Jonathan Swift
Plays
The Old Bachelor (1693)
The Double Dealer (1694)
Love for Love (1695)
The Mourning Bride (1697)
The Way of the World (1700)
show
v
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Restoration comedy
Playwrights
Aphra Behn
Susanna Centlivre
Colley Cibber
William Congreve
John Dryden
George Etherege
George Farquhar
Edward Howard
James Howard
Robert Howard
Thomas Otway
Charles Sedley
Thomas Shadwell
Thomas Southerne
Richard Steele
John Vanbrugh
George Villiers
William Wycherley
Notable Plays
The Indian Emperour (1665)
The Committee; Or, The Faithful Irishman (1665)
The Mulberry-Garden (1668)
Tarugo's Wiles: or, The Coffee-house (1668)
The Rehearsal (1671)
Marriage à la mode (1672)
The Country Wife (1675)
Aureng-zebe (1675)
The Plain-Dealer (1676)
The Man of Mode (1676)
Venice Preserv'd (1682)
Bellamira (1687)
Love for Love (1700)
Love's Last Shift (1696)
The Relapse (1696)
The Way of the World (1700)
The Recruiting Officer (1706)
The Beaux' Stratagem (1707)
Characters
Beau
Fop
Spark
Rake
Related People
Charles II
Jeremy Collier
Thomas Hobbes
Marquis de Sade
Molière
James II
Georg Monck
John Wilmot, 2nd Earl of Rochester
Related articles
Bedlam
Chocolate houses
Comedy of manners
Court
Drury Lane
Fleet Prison
Hedonism
The Libertine (1994)
The Libertine (film)
Libertinism
Lincoln's Inn Fields
Mode
Restoration of Charles II
Second Anglo-Dutch War
Short View of the Immorality and Profaneness of the English Stage
Wit
show
v
t
e
Drama Desk Award for Outstanding Play
The Way of the World / Thieves' Carnival / Twelfth Night / The Merchant of Venice / The White Devil (1955)
The Iceman Cometh (1956)
No Award (1957–1974)
Same Time, Next Year / Equus (1975)
Streamers (1976)
A Texas Trilogy / Otherwise Engaged (1977)
Da (1978)
The Elephant Man (1979)
Children of a Lesser God (1980)
Amadeus (1981)
"Master Harold"...and the Boys (1982)
Torch Song Trilogy (1983)
The Real Thing (1984)
As Is (1985)
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text:
International Brotherhood of Magicians
From Wikipedia, the free encyclopedia
Jump to: navigation, search
For other uses of the acronym, see IBM (disambiguation).
International Brotherhood of Magicians
Formation
1922
Type
Non-profit
Headquarters
St. Charles, Missouri
President
Oscar Munoz (San Antonio, Texas)
Website
www.magician.org
International Brotherhood of Magicians (I.B.M.) is an organization for both professional and amateur close-up and stage magicians, with approximately 15,000 members worldwide. The headquarters is in St. Charles, Missouri, and there are over 300 local groups, called Rings, in more than 30 countries, largely concentrated in cities of the United States and Canada, though there are members of the international organization from at least 80 different countries[citation needed]. The organization publishes a monthly periodical entitled The Linking Ring, which features tricks, coverage of shows and events in the magic community, and interviews with magicians.
Contents
[hide]
1 History
2 Organization
3 Membership
4 Leadership
5 Conventions
6 Contest Awards
7 See also
8 References
9 External links
History[edit]
The organization was founded February 10, 1922[1] in Winnipeg, Manitoba by Len Vintus (stage name of Melvin Justus Given McMullen) of Transcona, Manitoba, which would later amalgamate with Winnipeg.[2][3] Gene Gordon (a.k.a. Gordon Avery) of Buffalo, New York, and Don Rogers (a.k.a. Ernest Schieldge). Unlike earlier magic clubs, such as the Society of American Magicians (SAM) in the USA and The Magic Circle in England, the I.B.M. was begun by magicians living outside the major cities, who were unable to attend magic club meetings, and who kept in contact by post.[4]
Gene Gordon established the first local group, Ring 1, in Rochester, New York. The original Ring 1 eventually disbanded,[5] and St. Louis, Missouri later assumed the vacated title of Ring 1, which it continues to hold today. Since then, a new club, Ring 4, formed in Rochester.
The IBM holds an annual convention, usually in June or July. Although the SAM and the Magic Circle held banquets as early as 1905, the I.B.M. was the first to hold a magic convention, in Kenton, Ohio on June 9–10, 1926.[4] The 66th annual convention was held in Orlando, Florida.[6]
Organization[edit]
Each international territory has a Territorial Vice President who coordinates with the Rings in that country and other Territorial Vice Presidents.
The International Brotherhood of Magicians has a number of local clubs, located throughout the world, known as Rings.[7] Each ring was originally numbered in sequence, based on when it received its charter from the I.B.M. Since then, some clubs have dissolved, and newer clubs have assumed some of the vacated ring numbers.
Membership[edit]
Membership is open to amateur and professional magicians, as well as those who collect magic apparatus and effects. Active members must be at least 18 years old, and youth members must be 7–17 years of age. Active members must have had an interest in magic for at least two years, or one year for youth members.
Leadership[edit]
Since 1937, a new International President is elected to the I.B.M. each year.[8]
Past presidents include:
Len Vintus 1922–1926
W.W. Durbin 1926–1937
John H. Davidson 1937–1938
T. J. Crawford 1938–1939
John Snyder, Jr. 1939–1941
Robert C. Anderson 1941–1942
Eugene Bernstein 1942–1946
John Braun 1946–1947
A. Renerick Clark 1947–1948
H. Adrian Smith 1948–1949
William R Walsh 1949–1950
Walter Coleman 1950–1951
James B. Lake 1951–1952
Arthur D. Reichenback 1952–1953
Forrest P. Hendricks 1953–1954
C. James McLemore 1954–1955
Charles A. RossKam 1955–1956
Chauncey Sheridan 1956–1957
L.A. Waterman 1957–1958
Verne W. Uker 1958–1959
Reeder C. Hutchinson 1959–1960
Harris Solomon 1960–1961
C.L. Schmitt 1961–1962
Irving Lewis 1962–1963
Arnold Drennen 1963–1964
Thorton Poole 1964–1965
Dr. Richard O. Mossey 1965–1966
Howard Bamman 1966–1967
Sydney S. Bergson 1967–1968
J. Ronald Haines 1968–1969
Royal Brin, Jr. 1969–1970
William G. Strickland 1970–1971
Austin C. Gorham 1971–1972
Robert B. Hurt 1972–1973
Earle J. Christenberry, Jr. 1973–1974
Charles Lantz 1974–1975
William Preston Slusher 1975–1976
Walter F. Williams 1976–1977
Jeffery Atkins 1977–1978
Bill Pitts 1978–1979
Ray Mangel 1979–1980
Bruce Posgate 1980–1981
Roger Crabtree 1981–1982
John Makar 1982–1983
William A. Wells 1983–1984
Donald E. Wiberg 1984–1985[9][10]
William E. Spooner 1985–1986
Karrell Fox 1986–1987
June Horowitz 1987–1988
Edward A. Morris 1988–1989
Anthony Shelley 1989–1990
Michael Ellis 1990–1991
Michael J. Gorman 1991–1992
James L. Nagel 1992–1993
R.J. Obie O'Brien 1993–1994
Jep Hostetler 1994–1995
Kenneth Klosterman 1995–1996
Bev Bergeron 1996–1997
Abb Dickson 1997–1998
John R. Browne 1998–1999
Jerry Schnepp 1999–2000[11]
Jack Greenberg 2000–2001
Robert A. Escher 2001–2002
Michael Stratman 2002–2003
David Sandy 2003–2004
Tony Wilson 2004–2005
Roger Miller 2005–2006
Fred Casto 2006–2007
Phil Willmarth 2007–2008
Joan Caesar 2008–2009
Jack White 2009–2010
Rolando Santos 2010–2011
Vanni Pulé 2011–2012
John Pye 2012–2013
Bill Evans 2013–2014
Shawn Farquhar 2014–2015
Joe M. Turner 2015–2016
Oscar Muñoz 2016–2017
Bob Patterson 2017–2018
Conventions[edit]
In July 2008 the I.B.M. and the Society of American Magicians hosted a combined convention. More than 1,900+ amateur and professional magicians from around the world attended the gathering in Louisville, Kentucky.[12]
85th annual IBM convention was held in Phoenix, Arizona
Contest Awards[edit]
The International Brotherhood of Magicians held the world’s first magic convention in 1926. Contests are held and awards are given in several categories. Below is a listing of the First Place winners as noted in the I.B.M. Official publication "The Linking Ring". The Gold Cups and Gold Medal Awards are highly coveted and not awarded every year. Additional data for years not listed may be available.
Year
1st Place
Stage
Adult
1st Place
Close-Up
Adult
1st Place
Stage
Youth
1st Place
Close-Up
Youth
People's Choice
Stage
People's Choice
Close-Up
Gold Cups
Award
Gold Medal
Award
2017[13] Stuart MacDonald Omar Ferret Not Awarded Not Awarded Stuart MacDonald Jim Vines Not Awarded Not Awarded
2016[14] Jordan K. Jim Vines Not Awarded Not Awarded Jordan K. Jim Vines Not Awarded Not Awarded
2015[15] Chris Randall Shin Lim Daniel Hernandez Jolie Dreiling Hannah Kikuchi Shin Lim Not Awarded Not Awarded
2014[16] Hun Lee Michael Dardant Not Awarded Not Awarded Hun Lee Shin Lim Not Awarded Not Awarded
2013[17] Ming Ya Liu Alberto Lorenzo Eli Portala Drake Stanton Ming Ya Liu Alberto Lorenzo Not Awarded Not Awarded
2012[18] Jean Paul Olhaberry Michael Dardant Sebastian Zara Guarano Not Awarded Jean Paul Olhaberry Michael Dardant Not Awarded Not Awarded
2011[19] Won Kuen Ha Shin Lim Reuben Moreland Reuben Moreland Won Keun Ha Shin Lim Not Awarded Not Awarded
2010[20] Jason Andrews Ben Jackson Yang Yang John Accardo Jason Andrews Johan Stahl Not Awarded Not Awarded
2009[21] Richard Forget David Pietras David Mlakar Micah Johnson Jei Min and Hanna Info Not Available Not Awarded Not Awarded
See also[edit]
Magic conventions
References[edit]
Jump up ^ "The I.B.M". Retrieved 2006-04-11.
Jump up ^ Posgate, Bruce. "Magic". The Canadian Encyclopedia. Historica Foundation of Canada. Retrieved 2006-04-11.
Jump up ^ "MagicTimes News Archives Volume 18, Issue 538". 1999. Retrieved 2006-04-11.
^ Jump up to: a b Maven, Max. "A History of FISM". Fédération Internationale des Sociétés Magiques. Archived from the original on 2005-11-19. Retrieved 2006-04-17.
Jump up ^ Burden, Mindy. "IBM--A History". Retrieved 2006-04-11.
Jump up ^ "66th Annual Convention--Evening Shows". The Linking Ring. The International Brotherhood of Magicians. 76 (7): 56–66. September 1994.
Jump up ^ "Ring Awards Contests". The Linking Ring: 55–56. January 1985.
Jump up ^ http://www.magician.org/portal/en/node/574
Jump up ^ Wiberg, Don (January 1985). "The President's Page". The Linking Ring: 35.
Jump up ^ Wiberg, Don (April 1985). "The President's Page". The Linking Ring. 65 (4): 37.
Jump up ^ "Pictures from the past". The Linking Ring. 93 (4): 20, 95. April 2013.
Jump up ^ http://www.magician.org/portal/fr/node/490
Jump up ^ "The Linking Ring Magazine". (August 2017). p. 34
Jump up ^ "The Linking Ring Magazine". (August 2016). p. 41
Jump up ^ "The Linking Ring Magazine". (August 2015). p. 26
Jump up ^ "The Linking Ring Magazine". (August 2014). p. 32
Jump up ^ "The Linking Ring Magazine". (August 2013). p. 34
Jump up ^ "The Linking Ring Magazine". (August 2012). p. 2
Jump up ^ "The Linking Ring Magazine". (August 2011). p. 43
Jump up ^ "The Linking Ring Magazine". (August 2010). p. 35
Jump up ^ "The Linking Ring Magazine". (August 2009). p. 35
External links[edit]
International Brotherhood of Magicians (I.B.M.) - official site
[hide]
v
t
e
Magic organizations
Academy of Magical Arts
American Museum of Magic
Australian Society of Magicians
Canadian Association of Magicians
College of Magic
Conjuring Arts Research Center
Fédération Internationale des Sociétés Magiques
International Brotherhood of Magicians
List of magic museums
The Magic Circle
Magicians Association of Korea
Magic Youth International
Magischer Zirkel der Deutschen Demokratischen Republik
Shore City Magicians Club
Society of American Magicians
Society of Young Magicians
Young Magicians' Club
Retrieved from "https://en.wikipedia.org/w/index.php?title=International_Brotherhood_of_Magicians&oldid=806299221"
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text:
All the world's a stage
From Wikipedia, the free encyclopedia
Jump to: navigation, search
This article is about the Shakespeare monologue. For the live album by Rush, see All the World's a Stage (album). For the television episode, see All the World's a Stage (Ugly Betty).
The line "all the world's a stage [...]" from Shakespeare's First Folio[1]
Richard Kindersley's sculpture The Seven Ages Of Man in London
"All the world's a stage" is the phrase that begins a monologue from William Shakespeare's As You Like It, spoken by the melancholy Jaques in Act II Scene VII. The speech compares the world to a stage and life to a play, and catalogues the seven stages of a man's life, sometimes referred to as the seven ages of man:[2] infant, schoolboy, lover, soldier, justice, Pantalone and old age, facing imminent death. It is one of Shakespeare's most frequently quoted passages.
Contents
[hide]
1 Text
2 Origins
2.1 World as a stage
2.2 Ages of man
3 See also
4 References
5 External links
Text[edit]
All the world's a stage,
And all the men and women merely players;
They have their exits and their entrances,
And one man in his time plays many parts,
His acts being seven ages. At first, the infant,
Mewling and puking in the nurse's arms.
Then the whining schoolboy, with his satchel
And shining morning face, creeping like snail
Unwillingly to school. And then the lover,
Sighing like furnace, with a woeful ballad
Made to his mistress' eyebrow. Then a soldier,
Full of strange oaths and bearded like the pard,
Jealous in honour, sudden and quick in quarrel,
Seeking the bubble reputation
Even in the cannon's mouth. And then the justice,
In fair round belly with good capon lined,
With eyes severe and beard of formal cut,
Full of wise saws and modern instances;
And so he plays his part. The sixth age shifts
Into the lean and slippered pantaloon,
With spectacles on nose and pouch on side;
His youthful hose, well saved, a world too wide
For his shrunk shank, and his big manly voice,
Turning again toward childish treble, pipes
And whistles in his sound. Last scene of all,
That ends this strange eventful history,
Is second childishness and mere oblivion,
Sans teeth, sans eyes, sans taste, sans everything.
Origins[edit]
The Seven Ages of Man by William Mulready, 1838, illustrating the speech
World as a stage[edit]
The comparison of the world to a stage and people to actors long predated Shakespeare. Richard Edwardes's play Damon and Pythias, written in the year Shakespeare was born, contains the lines, "Pythagoras said that this world was like a stage / Whereon many play their parts; the lookers-on, the sage".[3] When it was founded in 1599 Shakespeare's own theatre, The Globe, may have used the motto Totus mundus agit histrionem (All the world plays the actor), the Latin text of which is derived from a 12th-century treatise.[4] Ultimately the words derive from quod fere totus mundus exercet histrionem (because almost the whole world are actors) attributed to Petronius, a phrase which had wide circulation in England at the time.
In his own earlier work, The Merchant of Venice, Shakespeare also had one of his main characters, Antonio, comparing the world to a stage:
I hold the world but as the world, Gratiano;
A stage where every man must play a part,
And mine a sad one.
—  Act I, Scene I
In his work The Praise of Folly, first printed in 1511, Renaissance humanist Erasmus asks, "For what else is the life of man but a kind of play in which men in various costumes perform until the director motions them off the stage."[5]
Ages of man[edit]
Likewise the division of human life into a series of ages was a commonplace of art and literature, which Shakespeare would have expected his audiences to recognize. The number of ages varied: three and four being the most common among ancient writers such as Aristotle. The concept of seven ages derives from mediaeval philosophy, which constructed groups of seven, as in the seven deadly sins, for theological reasons. The seven ages model dates from the 12th century.[6] King Henry V had a tapestry illustrating the seven ages of man.[7]
According to T. W. Baldwin, Shakespeare's version of the concept of the ages of man is based primarily upon Palingenius' book Zodiacus Vitae, a school text he would have studied at the Stratford Grammar School, which also enumerates stages of human life. He also takes elements from Ovid and other sources known to him.[8]
See also[edit]
The Seven Ages of Man (painting series)
Ages of Man
Riddle of the Sphinx
Six Ages of the World
Solomon Grundy
Mere Oblivion (short film)
References[edit]
Jump up ^ William Shakespeare (1623). Mr. William Shakespeares Comedies, Histories, & Tragedies: Published According to the True Originall Copies. London: Printed by Isaac Iaggard, and Ed[ward] Blount. p. 194. OCLC 606515358.
Jump up ^ Shakespeare's Seven Ages of Man. By William Shakespeare. Van Voorst, 1848. (Also, L. Booth and S. Ayling, 1864 Version.)
Jump up ^ Joseph Quincy Adams, Chief Pre-Shakespearean Dramas: A Selection of Plays Illustrating the History of the English Drama from Its Origin down to Shakespeare, Houghton Mifflin Company, Boston; New York, 1924, p. 579.
Jump up ^ Marjorie B. Garber (2008). Profiling Shakespeare. Routledge. p. 292.
Jump up ^ John Masters (1956). The Essential Erasmus. The New American Library. p. 119.
Jump up ^ J. A. Burrow (1986). The Ages of Man: A Study in Medieval Writing and Thought. Oxford: Clarendon Press.
Jump up ^ PROME, 1423 October, item 31, entries 757–797, quoted in Ian Mortimer, 1415 – Henry V's Year of Glory, p. 45, footnote 2.
Jump up ^ Thomas Whitfield Baldwin (1944). William Shakspere's Small Latine and Lesse Greeke. 1. Urbana, Ill.: University of Illinois Press. pp. 652–673.
External links[edit]
The dictionary definition of all the world's a stage at Wiktionary
[show]
v
t
e
William Shakespeare's As You Like It
Characters
Rosalind
Orlando
Celia
Jaques
Touchstone
Screen
1912
1936
1978 (TV)
1994 (TV)
2006
Related
"All the world's a stage"
[show]
v
t
e
William Shakespeare's The Merchant of Venice
Characters
Shylock
Antonio
Portia
Jessica
Sources
Gesta Romanorum (late 13th century)
Il Pecorone (late 14th century) by Giovanni Fiorentino
The Jew of Malta (1590) by Christopher Marlowe
On screen
1914
1916
1923
Shylock (1941)
1961
1969
1980 (TV)
2004
One Man Band (unfinished)
Adaptations
Le marchand de Venise (1935, opera)
Shylock (1987, musical)
The Merchant of Venice (1982, opera)
Derivative works
Serenade to Music (1938)
Shylock (1996)
Yasser (2001)
The Maori Merchant of Venice (2002)
Related
"All that glitters is not gold"
"All the world's a stage"
"Between you and I"
Quibble
Letter and spirit of the law
"Ding Dong Bell"
"The quality of mercy"
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This page was last edited on 15 April 2018, at 09:52.
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