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

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 ?
In another cell, there was a German, sentenced to five years' imprisonment for larceny, two of which had just expired.
If his term of imprisonment be short - I mean comparatively, for short it cannot be - the last half year is almost worse than all; for then he thinks the prison will take fire and he be burnt in the ruins, or that he is doomed to die within the walls, or that he will be detained on some false charge and sentenced for another term: or that something, no matter what, must happen to prevent his going at large.
He will soon be glad to go away, and then we shall get rid of him.' So they made him sign a statement which would prevent his ever sustaining an action for false imprisonment, to the effect that his incarceration was voluntary, and of his own seeking; they requested him to take notice that the officer in attendance had orders to release him at any hour of the day or night, when he might knock upon his door for that purpose; but desired him to understand, that once going out, he would not be admitted any more.
He answered, in a tone that went to every heart, "A long imprisonment."
It had evidently been a great distress to him, to have the days of his imprisonment recalled.
imprisonments, the sample of cases was further limited to individuals
estimating the impact that imprisonment has on the post-release labor
The Judge further awarded five years rigorous imprisonment and fine of Rs 10,000 each Irshad Ali Qazi, Mohammad Kashif Khoja, Mohammad Anwar Rajput, Mohammad Nadeem Leelgar and Mukhtiar Ali Rajpar under Section 450 PPC adding that both imprisonments will run concurrently.
NAWABSHAH -- The 2nd Additional Session Judge Shaheed Benazirabad, Zahid Sikandar Thursday awarded five years rigorous imprisonment to five persons in a robbery case under Section 397 PPC.
Sialkot -- Additional District and Session Judge, Muhammad Zahid Ghuznavi on Friday awarded three years and seven months imprisonments to two Nigerian Na-tionals while hearing a narcotics case.
He may face more three-month imprisonment on non-payment of fine.
Additional imprisonments showing officers who reported and VJ who sentenced.