false imprisonment Flashcards
false imprisonment
The defendant’s acts are (1) intended to (2) unlawfully cause (3) confinement or restraint of a (4) conscious victim within a (5) bounded area.
intent for false imprisonment
unlawful cause & confinement or restraint
unlawful cause
False imprisonment requires that the defendant have acted outside the legal privilege to confine the victim (false arrest).
how can individuals be confined/restrained
physical barrier, force/threat of force, omission, assertion of legal authority.
consciousness of confinement
False imprisonment requires that the victim be conscious of the imprisonment at the time it occurred.
what is the minority view under consciousness of confinement
a minority of jurisdictions allow for recovery even when the victim us unaware of the imprisonment
what are examples of a bounded area
moving vehicles and size limitations [this includes entire cities or states]
awareness of ability to escape
if another exit is available, but the victim is unaware
reasonable means of escape
is escape requirs the victim to be heroic, to suffer embarrassment or physical discomfort, or to abandon property, the defendant is liable for false imprisonment
false arrest requires:
(1) the defendant asserted legal authority to detain the victim (2) the victim believed that he defendant had that authority (3) the victim submitted to that authority against his will (4) the defendant actually lacked that legal authority