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False Arrest or False Imprisonment Archives

False imprisonment versus shopkeeper's privilege

No one is legally permitted to imprison or detain another person without very good reason for doing so. However, when it comes to potential shoplifters and a shopkeeper's right to detain someone suspected of stealing from a store, shopkeepers benefit from what is referred to as "shopkeeper's privilege."

Malicious prosecution: When the law is used unlawfully

Lawyers are trained to recognize when a particular case has legal merit. Nevertheless, an individual might choose to pursue a legal action -- even though a basis did not exist -- simply out of a malicious intention to harm the person being targeted in the suit. These types of lawsuits are called malicious prosecution.

Did you confess to a crime you didn't commit?

It's hard to believe that anyone would do it -- unless you've done it of course -- but falsely confessing to a crime is not that uncommon. For example, among people who suffer a wrongful conviction, having given a false confession happens in one out of every four cases.

Inmate released after 20 years of unjust imprisonment

Over 20 years ago, a teenager was shot and killed in the streets of the Bronx. Several states away, the New York Law Journal reports, Richard Rosario learned that he had been named as the murderer in the case. Despite the fact that Rosario was in Florida at the time of the altercation and there was no physical evidence to tie him to the case, two witnesses named him as the murderer after seeing his picture in a police photo book, and Rosario was convicted of second-degree murder and sent to jail. In June, 2016, investigators took the time to travel to Florida and interview a dozen alibis that Rosario named in the case originally and found that he was not guilty, allowing him to finally leave prison.

How accurate is eyewitness testimony?

When it comes to court cases, one of the most important pieces of evidence is an eyewitness testimony. Juries and judges are heavily influenced by the word of someone who says they saw the crime and remember the criminal, but researchers are beginning to doubt the witnesses' memory. According to ScienceMag.org, in an investigation of cases in which murder and rape cases were later overturned due to DNA evidence, as many as 75 percent of the cases had been originally based on eyewitness testimony. While this was a relief to those who had been scheduled for execution, it is a concern for every judge considering the viability of a witness testimony. There are several reasons why scientists have discovered that these eyewitnesses may not be giving correct information.

What are the elements of a false imprisonment claim?

False imprisonment refers to the act of unlawfully confining someone. This could have to do with unlawful police detention, though it generally refers to the use of threat or authority to detain someone without legal cause.

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