Elements of Constraint Imagine being detained against your will? Sounds traumatic, doesn’t it? In the majority of unlawful detentions, the victim received threats while detained. Being held against your will can have lasting physical and psychological effects.
NBC News reported the following story about a Philadelphia man who was found not guilty by a jury after spending 25 years in prison for rape and murder. A Philadelphia man was given his freedom Tuesday after spending 25 years in prison for a rape and murder that a jury found he did not commit. […]
Before someone can be lawfully convicted of both false imprisonment and robbery, it must be proven that the movement or confinement associated with the false imprisonment was not "slight, inconsequential, and merely incidental" to the robbery. Such movement is considered slight and inconsequential when it is necessary or intertwined with the commission of the […]
In Florida, the crime of false imprisonment is defined as "forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will." If the confinement is of a child who is less than 13 years old, it is against her will only if it occurs […]
The following article appeared in the New York Times earlier this week: In an age of advanced forensic science, the first step toward ending Kenneth Reed’s prolonged series of legal appeals should be simple and quick: a DNA test, for which he has offered to pay, on evidence from the 1991 rape of which he […]
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