Thursday, February 4, 2010

False imprisonment, unaware of being locked in room?

Law


If a person is locked in a room and is not aware that they are locked in, Is that still considered false imprisonment and even if there were no damages.False imprisonment, unaware of being locked in room?
Under criminal law, it satisfies all elements of the crime


Under civil law, there is no tort liability





The elements for false imprisonment under criminal law are the


Intentional


unlawful restraint


of another


substantially interfering with that person's liberty





The elements for false imprisonment under tort law are the


intentional


confinement


of another


within a fixed boundary


for an appreciable amount of time


of which the plaintiff is either aware, or suffers damage as a proximate cause of the restraint.





The damage element refers to the situation where, let's say, the plaintiff is to receive medication while asleep, but due to the imprisonment, the nurse cannot reach him or her. As an intentional tort, one does not need to prove actual damages because punitive damages are available.





As you can see, the criminal version does not require a subjective element from the victim, whereas the civil version does. False imprisonment will become unlawful restraint or kidnapping under criminal law depending on the amount of force used or threatened, and the purpose of the restraint.False imprisonment, unaware of being locked in room?
Yes. Only if there was criminal intent. And that would have to be proven in court. If an officer was called in the report the officer has to prove that there was criminal intent. If it was an accident then this isn't criminal intent. Your question is kinda vague. If the person who was locked didn't press charges then you don't have to worry about it. But an apologie to the person might be in do order.
Nope. The victim must either be aware of the confinement, or suffer injury as a result of the confinement. Absent either of those, there is no false imprisonment.
I'm sure that it could be considered false imprisonment, but if the person was not aware that the door was locked then how would they know that they were falsely imprisoned?
this question is like the ';if a tree falls in the woods %26amp; no one is around to hear it does it still make a noise'; question...the facts are there..so technically yes
certainly.
Ya, I think so

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