StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

False Imprisonment - Essay Example

Cite this document
Summary
The paper "False Imprisonment" tells us about the act of restraining a person against his/her will in a bounded area without any justification. False imprisonment generally refers to the confinement of a person without the consent of such person or without legal authority…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER94.6% of users find it useful
False Imprisonment
Read Text Preview

Extract of sample "False Imprisonment"

The detective later learns that the person is innocent, but still go-ahead to lock the person up. It could then be said that the detective has falsely imprisoned the individual and this is a clear case of false imprisonment.

It should be noted that false imprisonment differs from kidnapping in so many ways. While false imprisonment is usually done by officers of the law, kidnapping is not in any way done by officers of the law. Kidnapping is the criminal act of abducting somebody forcefully against their will and it is usually done for ransom. False imprisonment is usually carried out with the officers that made the false imprisonment giving the impression that they are working according to the statutes of the law, while kidnapping is in every way against the law. Thus, to a certain extent, false imprisonment has the support of the law at least up to the extent that it has been established that it is false imprisonment. While kidnapping on the other hand does not have the support of the law in any way (Friedman, 2002).

False imprisonment differs from false arrest in the sense that while false imprisonment generally involves the imprisonment of an individual by a detective or an officer of the law, a false arrest does not necessarily end in imprisonment. False arrest is an arrest of a person or persons without legal authority, while false imprisonment has legal authority to a certain extent as the detective gives people the impression that the person falsely imprisoned is actually guilty of the offense they have been imprisoned for (Friedman, 2002). It should be noted that while false imprisonment is usually carried out by officers of the law, false arrests could also be carried out by private individuals pretending to be custodians of the law.

Read More
Tags
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Give an example of false imprisonment. How does false imprisonment Essay”, n.d.)
Retrieved from https://studentshare.org/other/1417552-give-an-example-of-false-imprisonment-how-does
(Give an Example of False Imprisonment. How Does False Imprisonment Essay)
https://studentshare.org/other/1417552-give-an-example-of-false-imprisonment-how-does.
“Give an Example of False Imprisonment. How Does False Imprisonment Essay”, n.d. https://studentshare.org/other/1417552-give-an-example-of-false-imprisonment-how-does.
  • Cited: 0 times

CHECK THESE SAMPLES OF False Imprisonment

Crime Analysis in the State of NY and California

Classification Kidnapping False Imprisonment Offense against a person's liberty or freedom Remarkable (Bacigal, 2008) Remarkable (Bacigal, 2008) Physical movement A requirement (Bacigal, 2008) Not a requirement (Bacigal, 2008) Kidnapping and False Imprisonment are all crimes committed against a person's liberty or freedom....
7 Pages (1750 words) Term Paper

The Law of Tort: Trespass to the Person

respass to the Person is often founded on assault, battery and False Imprisonment.... The Tort of Trespass to the person originates out of criminal law and involves a number of actionable wrongs.... These wrongs are primarily concerned with the direct and often intentional invasion of a person and/or his property....
19 Pages (4750 words) Case Study

Mooting for Barry vs Graham

False Imprisonment is intentionally holding back restraining another person from moving without having any legal right to do so.... False Imprisonment is a misdemeanour and a tort, if the doer holds the victim for a considerable period of time.... False Imprisonment, is in reality, one first trespass made out by the Common law1. ... y Lord False Imprisonment is committed when an employee is deliberately and lawlessly held against his or her will not allowing him or her to leave the room....
5 Pages (1250 words) Case Study

Reasearch Assignment 3 - Rough Draft

he term "False Imprisonment" is misleading in that it does not necessarily refer to confinement within a prison.... 1928) (rejecting contention that there can be no False Imprisonment when detention is had under juvenile court laws and by juvenile court officers) or in a mental institution Collins v....
5 Pages (1250 words) Essay

Understanding the Effects of Wrongful Imprisonment

When an individual has been confined without his or her consent and thus defying the will of the individual and the associated violation of freedom then it is said that False Imprisonment has occurred.... False Imprisonment is a tort which is also presented in the common law.... Wuennenberg case in which the plaintiff's complain for False Imprisonment was disapproved by False Imprisonment: The Case of Paul Trune Introduction When an individual has been confined without his or her consent and thus defying the will of the individual and the associated violation of freedom then it is said that False Imprisonment has occurred....
2 Pages (500 words) Case Study

False Imprisonment According to Law

False Imprisonment according to law is the unlawful and intentional physical detaining of one person by another thereby denying that person liberty to move (Statsky 55).... If the detention can be justified, then it is not False Imprisonment.... According to the case presented, there was no False Imprisonment.... This is so because the individual Paul who also doubles up False Imprisonment False Imprisonment according to law is the unlawful and intentional physicaldetaining of one person by another thereby denying that person liberty to move (Statsky 55)....
2 Pages (500 words) Essay

The Difference between False Imprisonment, Kidnapping, and False Arrest

But there are some cases that do not constitute for False Imprisonment, for instance in a situation where a person is detained in shopping mall for suspicion of shop lifting or for questioning of a possible threat then in that case there THE DIFFERENCE BETWEEN False Imprisonment, KIDNAPPING AND FALSE ARREST False Imprisonment is the unlawful confinement of an individual against his or her will by a person without legal authority or justification....
1 Pages (250 words) Essay

Assault, Battery, and Crimes against Persons

The crimes of battery and assault are quite different in their approach but they are often charged concurrently.... The concept of assault and battery varies across jurisdictions; some do consider assault as any form of threat to bodily harm such that the victim is inflicted with fear that they may be harmed....
5 Pages (1250 words) Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us