Wrongful detention, also known as false detention, is the act of holding someone against their will without proper authority. It can be a criminal and civil offense, committed by strangers, family members, or law enforcement. Consequences include fines, imprisonment, and monetary compensation for damages.
The exact definition of wrongful detention can vary from one jurisdiction to another. In some places, the offense is referred to as false detention. The essence of the offense is generally the same. It is about containing a person within a certain space against the will of the individual and without the proper authority to do so. In some jurisdictions, wrongful detention is not only a criminal offense but also a civil offence. This offense can be committed by strangers, family members or law enforcement officers.
In most societies, people are entitled to certain freedoms, including movement. It is usually considered illegal and unjust for one party to detain another without just cause or authority. When this happens, it can result in an offense formally known as wrongful detention.
The term confinement may lead people to assume that this offense involves the confinement of a person in a small space protected with bars, such as a cell. While this is an example of wrongful detention, it is inaccurate to believe that the offense is limited to such circumstances. A person who is falsely imprisoned may be held in a vehicle, house or even an open area such as a courtyard. The offense is based less on where a person is being held than on a person’s inability to leave when she is ready.
When wrongful detention occurs between family members, it is usually a crime between adults. Children are generally not allowed to hold their parents accountable for this offence. There may be some instances where other family members such as aunts or older siblings can be held accountable for falsely imprisoning a child. This, however, depends on the situation because these individuals may have been granted authority over the child.
In places where crimes are classified as misdemeanors or misdemeanors, false detention tends to be a lesser offense. Common consequences include fines and prison terms not exceeding one year. When a person successfully proves wrongful detention as a civil offence, he can receive monetary compensation. These can result from actual financial damages, such as the inability to report to work to earn wages and medical bills resulting from attempted escapes.
In many jurisdictions, people who suffer wrongful detention at the hands of law enforcement can file cases of wrongful civil confinement. Some criteria usually have to be met. When they are, in some cases the laws in those jurisdictions have pre-outlined guidelines for compensation for the crime.
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