false imprisonment

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Related to Wrongful incarceration: Wrongful conviction

false imprisonment,

complete restraint upon a person's liberty of movement without legal justification. Actual physical contact is not necessary; a show of authority or a threat of force is sufficient. The person falsely imprisoned may sue the offender for damages. The suit would be brought against officials improperly issuing warrants for arrest and against private persons for any illegal total restraint of liberty. Release from such illegal restraint may be had through a habeas corpushabeas corpus
[Lat.,=you should have the body], writ directed by a judge to some person who is detaining another, commanding him to bring the body of the person in his custody at a specified time to a specified place for a specified purpose.
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 proceeding. See kidnappingkidnapping,
in law, the taking away of a person by force, threat, or deceit, with intent to cause him to be detained against his will. Kidnapping may be done for ransom or for political or other purposes.
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References in periodicals archive ?
They show that a surprisingly small percentage of exonerees seek and obtain state compensation and that the average amounts paid per year of wrongful incarceration are disappointingly low.
Although counsel for the Department of Justice could not divulge what the new quantum available might be, he did express some admiration for the administrative efficiency of a tariff-based calculation that would allot a certain sum for each year of wrongful incarceration akin to compensation schemes in continental Europe and some American states.
178) For instance, Massachusetts permits, but does not require, a lawyer to reveal such information necessary to prevent wrongful incarceration.
244) See Lonergan, supra note 26, at 420-21 (recommending a statute that calculates the loss of wages, emotional distress, liberty deprivation, and other "incalculable" losses in compensation for wrongful incarceration statutes).
This Comment is an attempt to frame some of these concerns and shed light on the issues presented by a wrongful incarceration exception.
103) Because the third group--untreatable by definition--is unlikely to be protected from incarceration by the DTC process, any reductions in wrongful incarceration will have to come from the first two groups.
The policy provides coverage for lost wages as a result of time taken off work to deal with fraud, wrongful incarceration, etc.
Scott Hornoff, a former police detective, has successfully sued for reinstatement and back pay after 6 1/2 years of wrongful incarceration, but this decision is being appealed by the Rhode Island jurisdiction that had employed him.
Cruz never spoke up during his two months of wrongful incarceration.
One supporter is Scottish Tory leader David McLetchie, who said: 'All that is at issue is the compensation to be paid to an innocent man for 18 years of wrongful incarceration and I'm appalled the wheels of justice seem to be grinding so slowly.
Our Louisiana clients are extremely inspiring men who have endured decades of wrongful incarceration,' she said.