false imprisonment

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Related to Wrongful incarceration: Wrongful conviction

false imprisonment

An intentional tort; unlawful intentional confinement of another within fixed boundaries so that the confined person is conscious of the confinement or harmed by it.
References in periodicals archive ?
These harms of wrongful incarceration also involve wrongful liberty; crime survivors, those wrongfully convicted, those associated with either, and all those involved as judges, attorneys, jurors, or in other capacities can be traumatized by the knowledge that they participated not only in putting an innocent in prison, but that they allowed a guilty perpetrator to go free.
With respect to damages, Newton testified that he had not suffered physical injuries while incarcerated, that he sought no psychological treatment for depression after release, and that the 12 years of wrongful incarceration were similar to those of the first 10 in which he was properly incarcerated.
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.
(128.) See Inbal Hasbani, Comment, When the Law Preserves Injustice: Issues Raised By a Wrongful Incarceration Exception to Attorney-Client Confidentiality, 100 J.
If one assumes that clients would withhold information from their attorneys because of a wrongful incarceration exception to the confidentiality rules, the introduction of such an exception could in fact be self-defeating.
Even if DTCs do not help overall black incarceration rates, it is possible that they nonetheless reduce the rate of wrongful incarceration. Put differently, lack of progress in overall incarceration rates may mask progress in reserving incarceration for those who most require incapacitation.
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. (His whereabouts now are unknown.) She also notes that her staff is extremely overworked, and she points out that had Mr.
Many changes were designed to address cases of wrongful incarceration. The law gives the Illinois Supreme Court greater power to throw out unjust verdicts, bars the death penalty in cases based on a single witness or single police informant, and provides defendants more access to evidence that is favorable to them.
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.
The tragedy is only deepened by the disclosure of the heart-wrenching circumstances surrounding Starbuck's wrongful incarceration.