Also known as:nullae personae · no person · non-person
Written by attorneys · grounded in primary & secondary sources — see below
A Latin phrase denoting the status of an individual who holds no legal rights or standing.
Sources & Authorities· 27 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
How it applies
Common Examples
6
Convicted Felon Barred from Elector Role
Naveen Nanda, convicted of felony fraud, sought appointment as a presidential elector under state law implementing Article II procedures. The state board rejected his application outright. The Constitution disqualifies senators, representatives, and persons holding an office of trust under the United States from serving as electors.
Defendant Acquitted for Lack of Proof
Noelle North stood trial for theft. The prosecution presented no evidence on one required element. The court directed a verdict of not guilty because the Model Penal Code requires proof of every element beyond a reasonable doubt and assumes innocence in its absence.
Natasha Nielsen, a reporter, entered the grand jury room while the panel deliberated. The foreperson ordered her removal at once. The federal rule permits only jurors and needed interpreters to be present during deliberation or voting.
Fee Simple Conditional Passes to Issue
Nalini Narula held land in fee simple conditional that required surviving issue to take. Upon her death without qualifying heirs, the property shifted under the deed's alternative limitation. The Restatement provides that the property then goes to the person entitled under the possibility of reverter or an alternative executory interest.
Habeas Petition Filed by Prisoner
Nadia Novak, imprisoned under a state conviction, petitioned for the writ after the state suspended access to counsel. The court recognized that the Constitution protects the privilege of the writ of habeas corpus and permits suspension only in cases of rebellion or invasion.
Conspiracy Charge Requires Overt Act
Nathan Nguyen and an associate agreed to falsify records but performed no further step. The state charged conspiracy to commit a third-degree felony. The Model Penal Code requires allegation and proof of an overt act for conviction of conspiracy other than a first- or second-degree felony.
Common questions
Frequently Asked
3
Does nulla persona apply only to convicted criminals?+
The phrase historically covered both those who committed crimes and minors lacking legal capacity. Modern usage focuses on loss of rights through conviction or other disabling status.
Supporting sources
Can a person labeled nulla persona still assert constitutional protections?+
Even individuals stripped of many civil rights retain core protections such as the privilege against self-incrimination and access to habeas corpus. The status does not erase all constitutional safeguards.
Supporting sources
How does the overt-act requirement interact with nulla persona status in conspiracy cases?+
Absence of an overt act prevents conviction for lesser conspiracies, preserving the defendant's protected status rather than allowing treatment as nulla persona on the basis of agreement alone.
384 U.S. 436 (1966)Evidence
…it announced, and we reaffirm it. That case was but an explication of basic rights that are enshrined in our Constitution—that "No person . . . shall be compelled in any criminal case to be a witness against himself," and that "the accused shall . . . have the Assistance of Counsel"—rights which were put in jeopardy in that…