Question

Can false imprisonment fall under Civil or Criminal Law? Give examples of how it could or could not fall under Civil or Criminal Law.

Answer 1

• False imprisonment is a legal term that refers to the restraining of a person without legal authority or justification. In simple terms, false imprisonment can apply to any act in which a person intentionally restricts another person’s freedom to move or to leave without consent. This can occur in a building, on the streets, in a vehicle, or any other place, in which a person is restrained, against his will, from moving, whether physically or by intimidation.
• Acts Considered False Imprisonment:-
• Locking a person in a room without his consent
• Taking hostages during a robbery
• Holding something of great value to a person, with the intent of coercing him to stay in a certain place
• Physically detaining a person, preventing him from leaving
• Detaining an employee for an unreasonable amount of time based on suspected theft
• Medicating someone without his consent, in order to restrain him
• False imprisonment penalties vary by jurisdiction, as well as by the specific circumstances of the crime. A person who commits false imprisonment not only faces criminal charges, but can be sued in civil court by the victim. When a civil lawsuit is filed, the victim asks the court to award him damages for injuries or emotional suffering caused by the act. If the court agrees with the plaintiff, the defendant can be ordered to pay monetary damages to the victim.
• In criminal court, the prosecutor will attempt to prove the crime took place. While physical force, or the threat of force, are not required elements for criminal false imprisonment, these elements raise the level of the crime substantially, and subjects the perpetrator to more severe penalties.
• The following examples don't constitute false imprisonment:
• A claim that you were falsely imprisoned simply because you were found innocent of a crime
• A person who grabs your arm but you know you can free yourself from his grip without fear of retaliation
• A storekeeper who detains you for a reasonable amount of time for questioning based on probable cause, such as if she saw you take a concealed item out of the store without paying for it
• A person who closes the front door and asks you not to leave, but you know you can leave through an open side door
• The detention or restraint must have been willful, or intentional. Accidentally locking the door when someone is on the other side does not constitution false imprisonment or willful detention. Willful detention applies to any form of intentional restraint, including physically preventing the person from leaving, locking them in a building, room or other location, and preventing him from leaving through force or intimidation.