False arrest & false imprisonment are obligated to release its victim, & are to be punished & sued

Discussion in 'Law and Justice System' started by northpolarbear, Oct 13, 2015.

  1. northpolarbear
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    northpolarbear Active Member

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    False arrest & false imprisonment are obligated to release its victim, & are to be punished & sued. Aside from resisting an unlawful arrest, such is punished "even if not arrested". The victim should be released "anyway".


    Aside from resisting an unlawful arrest, such false arrest is legally punished & sued anyway.

    Quoting from Cornell University Law School:

    “False Imprisonment

    An crime as well as an intentional tort. A a person commits false imprisonment when he commits an act of restraint on another person which confines that person in a bounded area. An act of restraint can be a physical barrier (such as a locked door), the use of physical force to restrain, a failure to release, or an invalid use of legal authority. Threats of immediate physical force are also sufficient to be acts of restraint. An area is only bounded if freedom of movement is limited in all directions. If there is a reasonable means of escape from the area, the area is not bounded.

    An example of an invalid use of legal authority is the detainment or arrest of a person without a warrant, with an illegal warrant, or with a warrant illegally executed. So long as the person is deprived of his personal liberty, the amount of time actually detained is inconsequential. See, e.g. Schenck v. Pro Choice Network, 519 U.S. 357 (1997)”



    Quoting from USLegal:

    “Punishments awarded for an offense of false imprisonment depend on the relevant statute and other factors connected with the crime. Usually the sentence awarded will be proportionate to the gravity of an offense. Aggravating factors as well as mitigating factors will be considered along with the sentence provided in the relevant statute.

    A trial court may enhance the basic penalties; impose consecutive sentences, or both, upon consideration of relevant facts and information. However, reasons have to be recorded when a trial court increases penalties or imposes consecutive sentences. A record must show that the punishment imposed was based upon the consideration of facts of the specific crime, the aggravating and mitigating factors involved, and the relation of the sentence granted to the objectives, which will be served by that sentence.”


    So, aside from resisting an unlawful arrest, false imprisonment & unlawful arrest are punished & sued anyway.


    Quoting from USLegal:

    “False imprisonment is both a felony and a tort. It means the detention of a person in a bounded area without justification or consent. The detention can be either private or governmental. The detention can be imposed by physical barriers or through unreasonable duress on detained person[ii]. When detention is caused by the police, a writ of habeas corpus can be obtained upon proving false imprisonment.

    Generally in a case of false imprisonment, an individual’s personal liberty is violated by another[iii]. Thus the definition of false imprisonment as a crime and as a tort are similar. Both as a crime and a tort, the general principles applied to false imprisonment are the same. The only difference being that principles applied in the criminal prosecution of false imprisonment are general laws of criminal jurisprudence.

    False imprisonment often involves an element of physical force. But the presence of criminal force is not mandatory to constitute an offense of false imprisonment. A threat of force, a threat of arrest, and a belief that a person’s personal liberty will be violated are sufficient to constitute an offense of false imprisonment[iv].

    Aiding and abetting an offense of false imprisonment is punishable.”


    Quoting from Know My Rights:

    “Can I sue the police department for false arrest and wrongful imprisonment?

    An officer who detains an individual without just cause, depriving an individual of his or her freedom without sufficient reason or authority, can potentially be sued along with the police department.

    If you ever find yourself in this situation, the first thing you should do is talk to a lawyer.”


    Quoting from LawFirms.com:

    “An arrest is deemed wrongful when a person is detained and wrongfully convicted by police without proper legal authority. Wrongful arrests most commonly occur when a retail employee or retail owner holds a customer against their will because they have probable cause that the customer committed a crime in their store such as shoplifting. Or, the retailer calls the police and has the police arrest the suspect without any evidence, just on the word of the retail owner or employee. If you or someone you know has been falsely arrested, you may have a potential case.

    Wrongful arrest also includes:

    Arrest of the wrong person

    Arrest of a person without probable cause that that person committed a crime

    Arrest without the mention of the suspect’s Miranda Rights

    Arrest without just cause

    Arrest with an arrest warrant that was obtained with false information given to the court by a police officer

    Arrest by incompetence

    Arrest for personal gain

    Arrest based on race

    Arrest based on pure malice

    Most people that are involved in a wrongful arrest case usually file a lawsuit against the arresting officer, the police department, and the township for damages that include mental distress and embarrassment. The majority of these cases are usually discovered after the fact of the arrest and when the case reaches court.”


    Aside from how false arrest & false imprisonment are illegal, punished, sued, I already quoted how failure to release is illegal from Cornell Law University. When it's an unlawful arrest & imprisonment, the victim must be legally released & the culprits must be sued.

    I have nothing against normal good cops. It seems there are a lot of cops in this forum that I don't want to bother talking to (the pattern just gets annoying, not "informative"). However, I have very much against being wronged. I need help. Stand up to your superiors or something.
     
  2. The Great Goose
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    The Great Goose Gold Member

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    Victim blaming was only dealt with from a gender perspective.

    A lot of people don't know that police and courts have contempt for male victims of crime and like to be extremely cruel to them.
     

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