Out of context, being referred to as a "person of interest" might sound cool or even a little flattering. Unfortunately, it's likely your best reaction to being described as a "person of interest" by law enforcement or the media is to get in touch with a criminal defense attorney. Quickly.
While the phrase can be used to describe someone who may have information about a crime that law enforcement hopes to speak to, many consider it a way to refer to someone as a suspect in a criminal investigation without the potential legal ramifications. With the way society can use social media to convict someone in the court of public opinion without ever considering the facts, the resulting chaos can destroy the lives of innocent people unjustly vilified.
Given that it was the title of a fairly popular TV series, "person of interest" is an indelible part of the modern lexicon. Given the damage it can do, should it be?
The Power of Words
Determining the exact origin of the phrase "person of interest" is difficult. It was likely born from the necessity for law enforcement and media outlets to have a way to refer to someone associated with a crime but not a suspect. In theory, it would allow them to let the public know they were looking for a material witness or someone with helpful information who wasn't necessarily considered the guilty party.
Unfortunately, that hasn't always proven to be the case. "Person of interest" still carries the connotation of "suspect" for many, despite its intended use. Since it's not a legal term, it provides cover for government officials, prosecutors, and members of law enforcement from false accusations and slander charges while pursuing criminal cases. Stating that they're interested in speaking to someone about a crime is legally different than identifying them as a suspect without enough evidence.
That doesn't help the innocents who find themselves a target for an angry and frightened populace, especially after an attack of some sort. With the "condemn first and learn the facts later" mentality becoming more prevalent in modern society, lives are often destroyed through the turn of a phrase.
When There Was Too Much Interest in the Person
The act of naming someone as a "person of interest" in a high-profile crime has seemed to shift toward cases where other potential victims are in immediate danger, much like how an Amber Alert uses the public to find imperiled children. More judicious use of the phrase in recent times may stem from a pair of high-profile cases that ended badly.
In 1996, a security guard at the Atlanta Olympics discovered a backpack with three bombs in a park. Richard Jewell, along with other guards, was able to clear hundreds of people from the area before the bombs exploded, losing only a single life.
Regarded as a hero at first, Jewell soon found himself portrayed as the bomber after the Justice Department revealed he was a suspect. Media outlets named him a "person of interest," and it took years for Jewell to clear his name. Domestic terrorist Eric Rudolph, a bomber of nightclubs and abortion clinics, confessed to the crime in 2005.
Jewell sued numerous media outlets for libel, taking settlements from the New York Post, CNN, and NBC News, among others. The Justice Department issued a statement saying they "regretted the leaking of the investigation" that upended Jewell's life. It was later revealed that many federal agents had questioned ever considering Jewell as the possible perpetrator.
Many people know Dr. Stephan Hatfill as the virologist who, during the COVID-19 pandemic, controversially touted the use of hydroxychloroquine (after several trials, the World Health Organization does not recommend its use for COVID). But before that, Dr. Hatfill had found himself named a "person of interest" by the FBI during the 2001 anthrax attacks.
While never formally accused of being behind the mailing of envelopes filled with the deadly powder, Hatfill was judged in the public eye. He lost his job, was hounded by the press, and had to fight to clear his name. Exonerated in 2008 by the Justice Department, he received a $4.6 million settlement from the government for the violations of his privacy.
The Dangers of Mob Mentality
While "person of interest" doesn't carry a legal definition, it remains open to interpretation and can easily be abused. Given how quick some are to overreact, the results can be destructive, dangerous, and even life-threatening. Whether or not someone is involved in criminal activity, being named as under the scrutiny of law enforcement officers may convict them of a particular crime in the minds of the public.
The public can be an effective aid for the government and law enforcement, providing far more surveillance and coverage than all agencies combined in times of need. However, the unpredictability of how a populace will react, especially in times of crisis when looking for someone to blame, should give everyone pause before publicly naming someone as a "person of interest."
Related Resources
- Malicious Prosecution (FindLaw's Learn About the Law)
- Can I Sue a Social Media Platform? (FindLaw's Filing a Lawsuit)
- Libel, Slander, and Defamation Law: The Basics (FindLaw's Torts and Personal Injury Law)
