imprisonment


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Imprisonment

Incarceration; the act of restraining the personal liberty of an individual; confinement in a prison.

Imprisonment can be effected without the application of physical restraint by verbal compulsion coupled with the display of available force. The tort of False Imprisonment involves the illegal arrest or detention of an individual without a warrant, by an illegal warrant, or by an illegally executed warrant, either in a prison or any place used temporarily for such purpose, or by force and constraint without actual confinement.

imprisonment

noun commitment to an institution, commitment to prison, confinement, custody, detainment, detainment in custody, held in captivity, held in restraint, in captivity, in custody, in jail, incarceration, internment, keep behind bars, kept as captive, kept in captivity, kept in cussody, kept in detention, kept under arrest, locked up, put behind bars, put in a cell, put under restraint, sent to jail, sent to prison
Associated concepts: false imprisonment, habeas corpus
See also: apprehension, arrest, bondage, captivity, commitment, custody, detention, enclosure, fetter, incarceration, restraint

imprisonment

see PRISON, YOUNG OFFENDER INSTITUTION.

IMPRISONMENT. The restraint of a person contrary to his will. 2 Inst. 589; Baldw. Rep. 239, 600. Imprisonment is either lawful or unlawful; lawful imprisonment is used either for crimes or for the appearance of a party in a civil suit, or on arrest in execution.
     2. Imprisonment for crimes is either for the appearance of a person accused, as when he cannot give bail; or it is the effect of a sentence, and then it is a part of the punishment.
     3. Imprisonment in civil cases takes place when a defendant on being sued on bailable process refuses or cannot give the bail legally demanded, or is under a capias ad satisfaciendum, when he is taken in execution under a judgment. An unlawful imprisonment, commonly called false imprisonment, (q.v.) means any illegal imprisonment whatever, either with or without process, or under color of process wholly illegal, without regard to any question whether any crime has been committed or a debt due.
     4. As to what will amount to an imprisonment, the most obvious modes are confinement in a prison or a private house, but a forcible detention in the street, or the touching of a person by a peace officer by way of arrest, are also imprisonments. Bac. Ab. Trespass, D 3; 1 Esp. R. 431, 526. It has been decided that lifting up a person in his chair, and carrying him out of the room in which he was sitting with others, and excluding him from the room, was not an imprisonment; 1 Chit. Pr. 48; and the merely giving charge of a person to a peace officer, not followed by any actual apprehension of the person, does not amount to an imprisonment, though the party to avoid it, next day attend at a police; 1 Esp. R. 431; New Rep. 211; 1 Carr. & Payn. 153; S. C. II Eng. Com. Law, R. 351; and if, in consequence of a message from a sheriff's officer holding a writ, the defendant execute and send him a bail bond, such submission to the process will not constitute an arrest. 6 Barn. & Cress. 528; S. C. 13 Eng. Com. Law Rep. 245; Dowl. & R. 233. Vide, generally, 14 Vin. Ab. 342; 4 Com. Dig. 618; 1 Chit. Pr. 47; Merl. Repert. mot Emprisonment; 17 Eng. Com. L. R. 246, n.

References in classic literature ?
It had evidently been a great distress to him, to have the days of his imprisonment recalled.
Acting, therefore, as his interpreter and summarizer, I gather that in the course of an imprisonment of seven years he has himself modified his own personal views, both as regards Women and as regards the Isosceles or Lower Classes.
And inasmuch," continued the judge, "as it is not proved that the act was not done by the connivance of the master with the servant, and as the master in any case must be held responsible for the acts of his paid servant, I condemn Phileas Fogg to a week's imprisonment and a fine of one hundred and fifty pounds.
I had speedy proofs that the excellent abbe was engaged in my behalf, for the rigors of my imprisonment were alleviated by many trifling though acceptable indulgences, and I was told that my trial was to be postponed to the assizes following those now being held.
You have been very kind to me during my imprisonment here," I said to him, "and as I feel that I have at best but a very short time to live, I wish, ere it is too late, to furnish substantial testimony of my appreciation of all that you have done to render my imprisonment bearable.
now no longer living, was dreaming one of those horrors, impossible to realize in life, which is termed dethronement, imprisonment, and insult towards a sovereign who formerly wielded unlimited power.
His physical strength and agility during the first days of his imprisonment were such that he seemed not to know what fatigue and sickness meant.
Her blooming full-pulsed youth stood there in a moral imprisonment which made itself one with the chill, colorless, narrowed landscape, with the shrunken furniture, the never-read books, and the ghostly stag in a pale fantastic world that seemed to be vanishing from the daylight.
It shall mean imprisonment if I can bring it about, and I have friends
In this postscript, William of Orange, Stadtholder of Holland, condemned Cornelius van Baerle to imprisonment for life.
Besides, the man is consigned to the living death of life-long imprisonment in the pest-house.
These particulars I gleaned during one long month of servitude and imprisonment in the fatal red-brick house.