Journal articles: 'False imprisonment'

1

Fiscina, Sal. "Administrative Error: False Imprisonment." Military Medicine 151, no. 4 (April 1, 1986): 230–31. http://dx.doi.org/10.1093/milmed/151.4.230.

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Lyerly, Eric. "Did judge dismiss student's false imprisonment claim?" Campus Legal Advisor 21, no. 11 (June 10, 2021): 15. http://dx.doi.org/10.1002/cala.40549.

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Lyerly, Eric. "Did judge dismiss student's false imprisonment claim?" Campus Security Report 18, no. 4 (July 13, 2021): 9. http://dx.doi.org/10.1002/casr.30826.

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Burnham, Ulele. "Negligent False Imprisonment - Scope for Re-emergence?" Modern Law Review 61, no. 4 (July 1998): 573–79. http://dx.doi.org/10.1111/1468-2230.00165.

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Rix, Keith. "Wrongful Arrest, False Imprisonment, Trespass and Assault?" Journal of Forensic Psychiatry 6, no. 3 (December 1995): 617–33. http://dx.doi.org/10.1080/09585189508410791.

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Varuhas, Jason N. E. "FALSE IMPRISONMENT OF PRISONERS: LAWFUL AUTHORITY, OMISSIONS AND DAMAGES." Cambridge Law Journal 69, no. 3 (November 2010): 438–40. http://dx.doi.org/10.1017/s0008197310000656.

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Reed, Alan. "Duress and False Imprisonment: The Constituent Elements of the Threat." Journal of Criminal Law 76, no. 5 (October 2012): 377–81. http://dx.doi.org/10.1350/jcla.2012.76.5.377.

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Samuel Timoty and Tri Sulistyowati. "PENEGAKAN HUKUM KEIMIGRASIAN TERHADAP WARGA NEGARA ASING ASAL MYANMAR DALAM PEMALSUAN PEMBUATAN PASPOR BERDASAR STATUS CONFIRMATION." Reformasi Hukum Trisakti 6, no. 2 (May 17, 2024): 681–92. http://dx.doi.org/10.25105/refor.v6i2.19547.

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Immigration crime in the form of providing false information in terms of efforts to apply for the manufacture of travel documents of the Republic of Indonesia (Passport). The formulation of the problem is how the occurrence of immigration crimes committed by foreign nationals from Myanmar in making Indonesian passports, and whether the Immigration Law Enforcement of Myanmar foreign nationals contained in Decision Number 361/Pid.Sus/2022/PN.Dum is in accordance with Law Number 6 of 2011 concerning Immigration. The type of research used in answering these problems uses normative juridical legal research, descriptive in nature, the data used is secondary data, and primary data as secondary data support which is analyzed qualitatively and how to draw conclusions using deductive logic. The result is the investigation process by the Immigration PPNS, and is subject to criminal sanctions by the Dumai District Court as contained in Article 126 letter C of Law Number 6 of 2011 concerning Immigration for 5 months imprisonment, and a fine of Rp 100,000,000.00 in lieu of imprisonment for 2 months. In conclusion, the occurrence of Immigration Crimes in the form of providing false data information. the acts committed have the content of imprisonment sanctions, and fines.

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Martin, Stevie. "FALSE IMPRISONMENT VIS-À-VIS DEPRIVATION OF LIBERTY: SMASHING THE OSSUARY." Cambridge Law Journal 79, no. 2 (July 2020): 211–14. http://dx.doi.org/10.1017/s0008197320000422.

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Rahman, Atiqur. "Ensuring Compensation for the Victims of Wrongful Imprisonment and Wrongful Detention in Bangladesh." International Journal of Social, Political and Economic Research 7, no. 2 (June 2, 2020): 153–67. http://dx.doi.org/10.46291/ijospervol7iss2pp153-167.

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Regrettably, it is true in Bangladesh people are sentenced to imprisonment, even death penalty for crimes they have not engaged at all. But there is no specific provision of claiming compensation for false imprisonment in this country with a very few exceptions. Bangladesh, as a signatory country of ICCPR, requires taking the necessary step to compensate the victims of “wrongful imprisonment” and “wrongful detention”. This paper recommends Bangladesh to enact clearly expressed legislation elucidating this right and represent modelling reforms. In favour of this recommendation, this article makes a clear picture of the problems, reasons for it and its nature in Bangladesh, describing the consequence of individuals wrongfully detained and convicted by examining recent cases. This research paper then illustrates the Bangladeshi legal frame and international legislation which Bangladesh bound to compensate these victims. Finally, the article suggests how Bangladesh can adopt all-inclusive law to compensate the victims of wrongful imprisonment and detention.

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Shuy, Roger W. "Deceit, distress and false imprisonment: the anatomy of a car sales event." International Journal of Speech Language and the Law 1, no. 2 (February 18, 2013): 133–49. http://dx.doi.org/10.1558/ijsll.v1i2.133.

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Allison, Simon, and John Minas. "LIABILITY FOR FALSE IMPRISONMENT AND JUDICIAL IMMUNITY IN AUSTRALIA’S FEDERAL COURT SYSTEM." Cambridge Law Journal 83, no. 1 (March 2024): 33–35. http://dx.doi.org/10.1017/s0008197324000138.

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Wang, Jianqin, Henry Otgaar, Tom Smeets, Mark L. Howe, Harald Merckelbach, and Chu Zhuo. "Consequences of False Memories in Eyewitness Testimony: A Review and Implications for Chinese Legal Practice." Psychological Research on Urban Society 1, no. 1 (April 18, 2018): 12. http://dx.doi.org/10.7454/proust.v1i1.15.

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False memories can result in severe legal consequences including the imprisonment of innocent people. False memory in eyewitnesses is the largest factor contributing to miscarriages of justice in the United States. To date, no study has focused on how false memories might play a role in the Chinese legal system. The purpose of this review is to summarize the latest findings on false memory and eyewitness testimony in the literature, and to shed some light on how the Chinese legal system may incorporate these experiences into practice. Overall, false memories of eyewitnesses are generated either by external misleading information or by internal cognitive processes; false memories may guide police investigations in the wrong direction or cause eyewitnesses to misidentify an innocent person as the perpetrator. We conclude that specially designed interview protocols such as the Cognitive Interview, warnings given to eyewitnesses, and blind lineup administration may prevent or lower the risk of false memory occurrence.

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Liem, Marieke, Katharina Krüsselmann, and Manuel Eisner. "From Murder to Imprisonment: Mapping the Flow of Homicide Cases—A Systematic Review." Homicide Studies 24, no. 3 (June 1, 2020): 220–41. http://dx.doi.org/10.1177/1088767920924447.

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This systematic review examined the evidence on factors influencing the flow of homicide, from suspicious death to imprisonment. Bibliographic databases and thesis portals were searched. The total number of hits was 15,986, of which 15,830 were irrelevant, 35 did not include a quantitative sample, 26 did not focus on homicide, 18 did not present flow data, and for seven there was no full text available. The remaining 70 papers were analyzed. With the exception of one, no study presented a complete longitudinal flow. Results indicated that both legal and extralegal characteristics influence the likelihood of cases to drop out. Aside from a first mapping of homicide case flows, future research should explore false positives and false negatives, to come to a first understanding of funnel selectivity in homicide cases.

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Webb, Harrison. "Casino “Backrooming” and the Law: An Analysis of False Imprisonment Cases in American Casinos." Gaming Law Review and Economics 20, no. 1 (February 2016): 38–48. http://dx.doi.org/10.1089/glre.2016.2015.

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16

Ghandhi, P. R. "Exemplary damages in the English law of tort." Legal Studies 10, no. 2 (July 1990): 182–200. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00599.x.

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At common law, the primary remedy for a successful plaintiff in an action in tort is an award of damages. The plaintiff must be put in the position in which he was before the tort was committed so far as money can do this. In many actions the principle of restitutio in integrum is a sufficient guide to the quantum of damages. But, in other cases, for example, actions for damages for personal injuries or defamation, a highly subjective element is involved. Neither personal injury nor loss of reputation is easily convertible by the use of any yardstick into an exact monetary figure.In some cases, the damages are said to be ‘at large’. This signifies that the award is not limited to the pecuniary loss that can be precisely proved. Where damages are ‘at large’, as they are, for example, in assault, false imprisonment or malicious prosecution, trespass and defamation, they may be conveniently divided into three separate elements. First, there is the compensation for the actual harm caused to the plaintiff by the defendant; in addition to any pecuniary loss specifically proved, the assessment will involve putting a monetary value on the physical hurt in assault, on curtailment of liberty in false imprisonment or malicious prosecution, on injury to reputation in defamation and on inconvenience and disturbance in trespass.

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17

Gnanaprakasam C, Et al. "Recognizing Criminal Intent through Facial Expressions." International Journal on Recent and Innovation Trends in Computing and Communication 11, no. 9 (November 5, 2023): 3963–67. http://dx.doi.org/10.17762/ijritcc.v11i9.9737.

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Artificial intelligence is developing rapidly as a result of recent advances in the identification of image and emotion patterns in human facial features. On the other hand, the rise in crime and wrongful imprisonment are causing society to disintegrate. Artificial intelligence has greatly aided in the development of our contemporary society. Knowing the issue and the appropriate set of instruments to address it is an essential skill, and having the ability to apply those tools effectively elevates one to the rank of supreme being in the cosmos. False imprisonment is an issue that requires attention. Recognizing the facts,1 in 20 criminal prosecutions in the US alone end in an incorrect conviction. Innocent persons who have been unfairly convicted make up 1% of US jail populations, or about 20,000 people, according to the Innocent Project group. Facial emotion detection and datasets gathered based on the study "Criminality in the face" can be used by artificial intelligence to help lessen the problem of false convictions. According to a Kinesics survey, specific body motions and movements can be used as a kind of non-verbal communication. By Ray Birdwhistell in 1952, the phrase was first used. As the proverb "Face is the index of mind" states, facial expressions are an important aspect of non-verbal communication. Analyzing a person's face might provide insight into the circumstances around a criminal suspect.

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HANNAH-MOFFAT, KELLY. "Feminine Fortresses: Woman-Centered Prisons?" Prison Journal 75, no. 2 (June 1995): 135–64. http://dx.doi.org/10.1177/0032855595075002002.

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This article examines some of the theoretical and substantive issues associated with the uncritical embrace of selected feminist ideals in recent Canadian attempts to restructure and rethink federal women's imprisonment. The article focuses on the limitations of a woman-centered model of corrections and how these models of punishment fail to depart from more traditional conceptualizations of punishment. The definition and constitution of a woman-centered regime is troublesome because it relies on a problematic category of “woman”; it is insensitive to wider social, economic, and political cultural relations of power; it sets up a false dichotomy between the woman-and male-centered regimes; and it denies the material and legal realities of imprisonment. These concerns illustrate clearly that although the woman-centered model of corrections appears to be less intrusive and less punitive, it is not; further, the oppressive qualities of incarceration are simply obscured by a feminized social control talk.

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19

LEIPPE, MICHAEL R., and GARY L. WELLS. "Should We Be Partial to Partial Identification?" Criminal Justice and Behavior 22, no. 4 (December 1995): 373–85. http://dx.doi.org/10.1177/0093854895022004002.

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Eyewitness identification of criminal suspects from lineups and photospreads is the largest single cause of false imprisonment in the United States. Research programs have outlined experimentally proven techniques to reduce the dangers. Levi and Jungman have proposed a radical technique in which eyewitnesses choose several people from a large set of photos based on their similarity to the culprit. They argue that this will help solve many problems, including the tendency for courts to overbelieve eyewitnesses. Some problems and prospects for this new technique are discussed.

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20

Coppock, Elizabeth. "Nielsen v. Preap / 5th grade grammar v. linguistics / Mass imprisonment v. human rights." Proceedings of the Linguistic Society of America 6, no. 1 (March 20, 2021): 797. http://dx.doi.org/10.3765/plsa.v6i1.5015.

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In the Supreme Court case Nielsen v. Preap, ignorance about syntax and semantics led to tragic consequences. The ACLU lawyer defending thousands of non-citizens from being rounded up and put into prison indefinitely by ICE let it come across that her argument rested on the false premise that adverbs can modify nouns. The textualists claimed victory, even though the humane reading of the text was the literal one in this case. The final decision rested crucially on this error on her part, and was buffered by a misunderstanding about how definite descriptions work. The dissent failed to articulate a convincing rebuttal, making spurious reference to passive voice. This case clearly shows how staggeringly consequential linguistic knowledge can be.

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21

Bellhouse, John, Anthony Holland, Isabel Clare, Michael Gunn, and Peter Watson. "Capacity-based mental health legislation and its impact on clinical practice: 1) admission to hospital." International Journal of Mental Health and Capacity Law, no. 9 (September 8, 2014): 9. http://dx.doi.org/10.19164/ijmhcl.v0i9.294.

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In this study, as capacity is ‘decision-specific’, we have assessed the capacity of men and women to make decisions about admission and treatment separately, using the Law Commission’s definition of incapacity. In this paper, we focus on a person’s capacity to consent to admission. Surprisingly, the courts in England and Wales have not directly explored the nature of the information relevant to a decision about admission to hospital. Admission without consent constitutes false imprisonment, which is both a civil tort, and a crime.

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22

Bernstein, Anita. "Rape is Trespass." Journal of Tort Law 10, no. 2 (September 25, 2018): 317–41. http://dx.doi.org/10.1515/jtl-2017-0017.

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AbstractBy furnishing new blackletter on battery, assault, and false imprisonment, Restatement (Third) of Torts: Intentional Torts to Persons provides illustrations of what the medieval writ of Trespass once remedied. All three causes of action restated in this Restatement derive from the trespass writ, as do other modern doctrines that fall under intentional torts to persons. This article, hewing to the tradition that the law of trespass provides redress for direct, unmediated, and wrongful boundary-crossing, argues that sexual penetration unwanted by the person penetrated is trespass. If rape is trespass, then consequences follow for the law of torts as well as crimes.

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23

Ginting, Agung Perdana, M. Arif Sahlepi Lubis, and Dina Andiza. "Law Enforcement on Criminal Acts of Spreading Fake News through the Internet Media Reviewed from Law Number 19 Year 2016 Concerning Information and Electronic Transactions (Study at North Sumatra Police)." Polit Journal: Scientific Journal of Politics 2, no. 1 (April 11, 2022): 37–44. http://dx.doi.org/10.33258/polit.v2i1.627.

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Hoaxes are categorized as unlawful acts, currently illegal acts in cyberspace are a very worrying phenomenon, considering the act of breaking into credit cards by shopping online, fraud, terrorism, and has become the activity of criminals in cyberspace. This research is an empirical legal research, where in this study the author examines the role of the North Sumatra Regional Police Agency in carrying out law enforcement against criminals who spread false news. The results of this study conclude that the problem that causes hoaxes is the habit of most people who want to quickly share information, so this trait is also carried over in the way they communicate using social media. In relation to criminal sanctions against spreading false news that can harm consumers or express hatred, they may be subject to a maximum imprisonment of 6 (six) years and/or a maximum fine of Rp. 1,000,000,000 (one billion rupiah). In this study it can be concluded that overall the North Sumatra Police have carried out their authority in providing assistance and protection to victims quite well.

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Lubis, Elvi Zahara. "Faktor Penyebab dan Sanksi Tindak Pidana Penipuan Kepemilikan Kendaraan Bermotor Secara Melawan Hukum." JPPUMA: Jurnal Ilmu Pemerintahan dan Sosial Politik Universitas Medan Area 5, no. 2 (December 28, 2017): 85. http://dx.doi.org/10.31289/jppuma.v5i2.1206.

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One form of crime that increasingly has a certain modus operandi is a crime of motor vehicle fraud unlawfully. Fraud is a crime that belongs to a class devoted to property rights and other rights arising from rights. As formulated in Article 378 of the Criminal Code, fraud means deeds with the intent to benefit themselves or others unlawfully by using false names, false dignity, deceit or lies that may cause others to easily surrender their goods, money or wealth. Factors causing the crime of motor vehicle ownership fraud unlawfully are caused by four factors namely economic factor, desire factor, opportunity factor and the weak factor of faith. Sanctions against perpetrators of criminal fraud of motor vehicle ownership by unlawful means in the form of criminal punishment of imprisonment to perpetrators for 4 years. Such sanctions may be applied if the perpetrator has been proven to commit a criminal act of fraudulent vehicle ownership in a manner which is against the law.

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Ndlovu, Lonias, and Andrew Brian Leslie. "False or Fake Qualifications in an Employment Context: A South African Perspective." Yuridika 37, no. 3 (September 1, 2022): 715–38. http://dx.doi.org/10.20473/ydk.v37i3.36746.

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The pressure for employment opportunities has led to many dishonest practices by employees and job seekers. The evil of employees misrepresenting their academic qualifications has become endemic, and the South African government has been compelled to act. Misrepresentation of academic qualifications mainly manifests itself through employees claiming to have non-existent higher education qualifications to secure a new job offer or be promoted to a higher post. This misrepresentation has consequences for the employer, who may pay the employee a salary they do not deserve. The employee must refund the employer and face prospects of imprisonment if found guilty in a criminal court. In South Africa, high-profile individuals working in the public service or occupying prominent political positions have falsely claimed to have qualifications that they did not have. They have been allowed to resign on their own accord or were dismissed after lengthy disciplinary hearings. This paper outlines some examples of this misrepresentation and unravels the legal implications from a South African perspective. We recommend that employers promptly discipline employees found guilty rather than allow them to resign, as was done correctly in the Mthikhulu case discussed here. Further, we urge employers in South Africa to foreground the skills of employees rather than paper qualifications and assess technical ability ahead of academic qualifications.

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26

Rydberg, Åsa. "Constitutional and Institutional Developments." Leiden Journal of International Law 12, no. 1 (March 1999): 247–49. http://dx.doi.org/10.1017/s0922156599000096.

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By decision of the Judges at the Nineteenth plenary session of the International Criminal Tribunal for the former Yugoslavia (ICTY) one new rule was adopted and 16 rules of the Rules of Procedure and Evidence were amended. The new rule concerns affidavit evidence. The rule regarding amendments of the rules was changed so that an amendment shall enter into force seven days after the day of issue of an official Tribunal document containing the amendment, instead of immediately after the issuance. The rules on contempt of the Tribunal and false testimony under solemn declaration were made stricter as they were both amended to allow for a Chamber to impose substantially longer terms of imprisonment on persons who have been found guilty of such offences.

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Roach, Kent. "Canada Has a Guilty Plea Wrongful Conviction Problem." Wrongful Conviction Law Review 4, no. 1 (June 30, 2023): 16–47. http://dx.doi.org/10.29173/wclawr92.

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The Canadian Registry of Wrongful Convictions www.wrongfulconviction.ca .like similar registries in the United States and the United Kingdom, was designed to facilitate research on patterns and trends in wrongful convictions. As of its launch in February 2023, 15 of 83 remedied wrongful convictions or 17% were the result of guilty pleas by the accused. This is a similar percentage as found in a UK registry and lower than the 27% of guilty plea wrongful convictions found in the US registry. Forty percent of the guilty plea wrongful convictions were entered by women. Most of these involved the flawed expert testimony of Charles Smith about the cause of baby deaths and the majority of all remedied guilty plea wrongful convictions were for imagined crimes that did not happen. Almost half (7 of 15) of Canada’s false guilty pleas were taken from racialized people including three Indigenous men, one Black and Indigenous man, another Black man and a Brown man who had recently immigrated from India. Two of the fifteen false guilty pleas were taken from accused persons who had diagnosed mental health and cognitive challenges. With the exclusion of one false guilty plea to a mandatory sentence of life imprisonment and ineligibility for parole for 10 years, the average sentence in the remaining 14 cases was 10 months with evidence of “lop-sided” pleas especially in the cases involving Charles Smith and 2 of the 14 received sentences of time already served.

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28

Gredka-Ligarska, Iwona. "Terms of seller’s liability for the sale of a false cultural object." Roczniki Administracji i Prawa specjalny, no. XIX (December 30, 2019): 321–36. http://dx.doi.org/10.5604/01.3001.0014.1036.

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This study includes analysis of the terms of a seller’s liability for the sale of a false cultural object or monument. In the introductory part, attention was paid to the phenomenon of forging cultural objects with a view to marketing counterfeits, which, in reference to monuments, constitutes the offense of forgery threatened by fine, restriction of liberty or imprisonment up to 2 years (Art. 109a of the Act of 23.07.2003 on the protection and care of monuments, Dz. U. No. 162, item 1568, as amended). Further in the study, attention was drawn to the fact that for the determination of terms of civil law liability of a seller – including sellers of forged cultural objects – key importance attaches to the differentiation between defective performance, which triggers liability under statutory warranty, and provision of another object, which does not amount to performance of an obligation at all. Emphasis was put on the importance of the opinion that the decisive factor for the determination of the seller’s liability regime in case of provision of an object other than agreed is the act of acceptance of performance. The considerations were made from the perspective of interests of a forged cultural object’s buyer. As a result, it was indicated that for the buyer the optimal solution is to exercise, in the first place, the right to withdraw from the sale contract under the provisions on statutory warranty and, only where this is impossible, to invoke the construction of error, as defined in Art. 84 of the Civil Code.

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Wan Halim, Wan Mohd Amjad, and Rohani Desa. "Analisis Pencapaian Ḥifz al-Nasab Terhadap Enakmen Kesalahan Jenayah Syariah Berdasarkan Kaedah Fuzzy Delphi." Jurnal Fiqh 19, no. 1 (June 30, 2022): 109–32. http://dx.doi.org/10.22452/fiqh.vol19no1.5.

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Islam is a religion that upholds the values of security, well-being and prosperity. Similarly, punishment in syariah is stipulated to preserve human welfare. The Syariah Criminal Offenses Enactment has been provided to curb the problems and issues of syariah crime in Malaysia. The maximum punishment for adultery and crimes that can lead to adultery such as “muncikari” (pimp) and khalwat (close proximity) in the Syariah Criminal Offenses Enactment is generally three years imprisonment, six lashes and a fine of RM5,000. Looking at the cases involving syariah criminal offenses, especially crimes involving adultery, it is more worrying. The proof can be seen based on the statement by the then Minister of Women and Community Development, Datuk Seri Rohani Abdul Karim in 2017 that more than half a million illegitimate children are registered with the National Registration Department. Therefore, this paper aims to examine the consensus of expert groups on the achievement of maqāṣid al-sharī’ah, especially ḥifz al-nasab in the maximum punishment. The researcher adopted the Fuzzy Delphi analysis method by conducting a survey on 20 expert informants to get consensus from them. This study also contains one element consisting of six items to obtain consensus from study experts. The study concluded that 20 informants of the study experts agreed that the maximum sentence of 3 years imprisonment, 6 lashes and a fine of RM5,000 did not comply with maqāṣid al-sharī’ah, especially the maslahah of ḥifz al-nasab. This agreement involves punishment for the offenses of adultery, qazaf (false accusation of adultery), prostitution, pimp, khalwat, sodomy and musahaqah (sexual intercourse between two women). The group of study experts gave a consensus that the punishment is too low to curb the crime and therefore it does not achieve maqāṣid al-sharī’ah. Therefore, punishments that are more in line with the essence of maqāṣid al-sharī’ah should be implemented such as the enforcement of hudud or at least the implementation of bill 355 proposed amendments in 2021 (thirty years imprisonment, fine of RM100,000 and one hundred lashes).

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Samuda, Muhammad Ilham, Anis Mashdurohatun, Sri Endah Wahyuningsih, and Hartiwiningsih Hartiwiningsih. "Reconstruction of Regulation of Giving False Testimony at Pretrial Sessions in CaCorruptionses in Indonesia Based on Pancasila Justice." Scholars International Journal of Law, Crime and Justice 06, no. 08 (August 18, 2023): 399–407. http://dx.doi.org/10.36348/sijlcj.2023.v06i08.004.

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Based on the Constitutional Court Decision Number 21/PUU-XII/2014 Determination of the suspect as one of the objects of pretrial which in practice the trial process presents fact witnesses which has an impact on giving false information as referred to in Article 22 Jo Article 35 of Law Number 31 of 1999 concerning Eradication of Acts Corruption Crime. This study aims to analyze and find a reconstruction of the determination of the suspect in giving false testimony at the pretrial hearing in Article 22 of the Corruption Crime Law in Indonesia based on Pancasila justice. This research is a qualitative descriptive research. The approach used in this research is social legal research. In this study it was found that the Regulation of giving false testimony at the Pretrial hearing in Article 22 of the Corruption Crime Law in Indonesia after the Constitutional Court decision Number 21/PUU-XII/2014 has not been based on Pancasila values of justice, because law enforcement is against witnesses who give false statements in pretrial hearings. Corruption has not been regulated clearly and unequivocally in Article 22 of Law 31/1999, so that in practice there are differences in perceptions between investigators who are given the authority to determine suspects and judges who examine the principal case. Reconstruction of Regulations The regulation for the determination of suspects for giving false testimony at the Pretrial hearing in Article 22 of the Corruption Law becomes Paragraph (1). Everyone as referred to in Article 28, Article 29, Article 35, or Article 36 who intentionally does not provide information or provides information that is not true, shall be punished with imprisonment for a minimum of 3 (three) years and a maximum of 12 (twelve) years and/or a fine of at least Rp. 150,000,000.00 (one hundred fifty million rupiahs) and a maximum of Rp. 600,000,000.00 (six hundred million rupiahs). Paragraph (2). Punished with the same punishment as paragraph 1 (one) if the act is committed at a pretrial hearing.

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Bertet, David M., and Bettina Bergo. "Phenomenological aesthetics and the “Manufacture of the Guilty (Fabricación de culpables)”." Chiasmi International 23 (2021): 121–52. http://dx.doi.org/10.5840/chiasmi20212323.

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This article opens with a discussion of incarceration in the time of Covid 19. The story of one of the inmates in the high-security prison of Puente Grande (Mexico) leads us back to the beginning of the fifteen-year-long imprisonment of an innocent and, with it, to a complex narrative. The story concerns the use of the juridical concepts of delincuencia organizada (organized crime), racketeering, and kidnapping. As a charge it has been repeatedly implemented in what has come to be called la fabricaciόn de culpables (the “manufacture of the guilty”) in Mexico, Columbia, Argentina, and Brazil. Although the legal terminology changes, false incarceration is hardly limited to Central and South America. This is therefore a cautionary tale about how charges – and people – are framed, and how the latter are tried on social and corporate media, even before their official trials begin.

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Duardovich, I. "How a woman ‘did her utmost’ to ensure Dombrovsky’s imprisonment. Based on evidence in the 1949 criminal case file." Voprosy literatury, no. 1 (August 14, 2023): 133–78. http://dx.doi.org/10.31425/0042-8795-2023-1-133-178.

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Researchers and memoirists have for some time been focusing on Y. Dombrovsky’s fourth criminal proceedings (1949). Their peculiar appeal lies in a fatal woman’s involvement. Among the writer’s friends and acquaintances who testified during the proceedings, there is a record of one Irina Strelkova. Years later she would be condemned as a female Judas. Accounts would emerge insisting that it was her testimony that sealed Dombrovsky’s fate, featuring prominently in the prosecution’s case and bringing about his ten-year prison camp sentence. The accusers rely on Dombrovsky’s letter published soon after his death that talks of Strelkova and her enthusiasm during the investigation — in short, her eagerness to bury him. The article attempts to get to the bottom of these accusations and, should they prove false, discover the reason for this vilification. In order to do so, I. Duardovich scours the case file, uncovering previously unpublished and uncommented materials, thus making it the first comprehensive study of the proceedings.

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Hanapi, Agustin, and Sudjah Mauliana. "Penerapan Sanksi Bagi Pelaku Nikah Siri Dalam Fatwa MPU Aceh Nomor 1 tahun 2010 Tentang Nikah Siri." El-Hadhanah : Indonesian Journal Of Family Law And Islamic Law 2, no. 1 (May 25, 2022): 1–16. http://dx.doi.org/10.22373/hadhanah.v2i1.1567.

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Some society assumed that all person who perform marriages under the hands or unregistered marriages are marriages that are carried out secretly without the knowledge of official officers, namely mariages record officer. Unregistered marriages become a problem in the community that can’t stop it soon, more harm than good. Unregistered marriages can also have a big impact on the consequences of the marriages law there is especially an bad effect on women and children. Now a days much of all still many unregistered marriages processed, because there are still many unofficial marriages with decision of false judge, therefore need for applicate the sanctions for the two perpetrators of unregistered marriages, in this case teh MPU Aceh have the create Fatwa about this problem one, so they must state a regulation to protect this habitual can not occur again in our community. Therefore, the researcher is interested in reviewing the application of sanctions for unregistered marriages perpetrators in MPU Aceh Fatwa No. 1 of 2010 concerning Siri Marriages. The research methods used are field research and literature research. The result in this study state that MPU Aceh applied sanctions for perpetrators of this series of marriages against false judge with imprisonment, the presence of false judge this unregistered marriages is viral now, therefore there needs to be sanctions applied. In the study of Maqasid Syar’iyah the recording of marriages agreements falls into the category of primary benefits of Daruriyat that can protect and maintain the benefit of religion, soul, reason, offspring, and property. Related to offspring, because with the recording, for women children benefif from the wife gets an inheritance and the child gets.

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., Rumadi. "PENYEBARAN BERITA BOHONG (HOAX) SERTA DAMPAKNYA DALAM PERSPEKTIF UNDANG-UNDANG NO 19 TAHUN 2016 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK." MAKSIGAMA 13, no. 2 (May 5, 2020): 138–55. http://dx.doi.org/10.37303/maksigama.v13i2.77.

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The impact of Globalization has had the effect of increasing technological developments in Indonesia, increasing information circulating among the people. It cannot be denied that the information circulating is true or false. Hoax information is information created with the aim of spreading hatred tests. Commonly practiced by spreading slander and making news that is inversely proportional to the reality of people, products, organizations or companies that are targeted, even the political constellation of the homeland was not spared from its effects. The method used in this study is a normative juridical method. In addition, the data source used is the primary data source obtained from cases of hoax news dissemination that occurred in Indonesia, and secondary data obtained from the literature of books, journals, articles, and other literature that are used as references and complementary sources of research. The results showed Hoax according to the law is something that harms others in cyberspace and in the real world. Article 28 Paragraph 2 of Law No. 19 Year 2016 is anyone who intentionally and without the right to spread false news addressed to individuals, races, tribes, and between groups, to incite hatred and hostility will be subject to imprisonment no later than 6 (six) years and / or a maximum fine of one billion rupiah".Keywords: Hoax deployment, ITE Law

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Jánosi, Csongor. "Path Finding in the Communist Regime: Árpád Mózes Szabó (1927–1987)." East Central Europe 44, no. 1 (June 23, 2017): 76–98. http://dx.doi.org/10.1163/18763308-04401003.

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This article sets out to offer insight into the tragic destiny of a “common” man, Árpád Mózes Szabó, who collaborated with the Romanian secret police. He was always in search of a life with better prospects and dissatisfied with what fate had in store for him, refusing the conventional ways of accommodating to the society of his time. His false interpretation of the possibilities of gaining recognition and the illegal ways chosen to reach his goals left their mark on the subsequent life of the young man, who, at the age of thirty, was awaiting his death sentence and already had multiple experiences related to the prisons of the regimes behind the Iron Curtain. These antecedents diminished Szabo’s possibilities of “normal” existence, which after his imprisonment pushed him to almost two decades of cooperation with the Romanian secret police. The game of identities, the daily duality and triplicity, became unbearable and was eventually rejected.

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L. Abel, Richard. "The Failure of Punishment as Social Control." Israel Law Review 25, no. 3-4 (1991): 740–52. http://dx.doi.org/10.1017/s0021223700010724.

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I must begin with several disclaimers, which express not the obligatory protestations of false modesty but the real limitations of this article. First, I am not a criminologist, penologist or philosopher of law but a lawyer and sociologist of law. Second, I inevitably reflect the unique social environment within the United States, which may be very different from that of the other countries represented at this conference. Third, my remarks are impressionistic and synthetic, not the conclusions of a careful empirical study.My argument is simple. In the contemporary United States, stateimposed sanctions are seen as a central mechanism of social control. (Of course, they also are seen as incapacitation, retribution, and rehabilitation; but most people would view these as secondary justifications.) Indeed, I believe most Americans would view state punishment as the most important mechanism of social control. By state-imposed sanctions I mean both criminal penalties (execution, imprisonment, fine, probation, and community service) and civil damages (compensatory and punitive).

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Chatterton, Craig, and Pascal Kintz. "Hair analysis to demonstrate administration of amitriptyline, temazepam, tramadol and dihydrocodeine to a child in a case of kidnap and false imprisonment." Journal of Forensic and Legal Medicine 23 (March 2014): 26–31. http://dx.doi.org/10.1016/j.jflm.2014.01.005.

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Adjin-Tettey, Elizabeth, and Freya Kodar. "Film as a Complement to the Written Text: Reflections on Using The Sterilization of Leilani Muir to Teach Muir v. Alberta." Alberta Law Review 48, no. 3 (March 1, 2011): 615. http://dx.doi.org/10.29173/alr145.

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In this article the authors look at their experiences teaching the trespass torts to law students using a documentary film about Muir v. Alberta. The case was brought by Leilani Muir against the government of Alberta for battery and false imprisonment and for sterilizing her without her knowledge or consent. The documentary follows Muir’s court case, and interweaves her personal story with the larger social history of the eugenics movement and the development of The Sexual Sterilization Act. The authors begin with a description of the Muir documentary and a discussion of the ways in which the texts, written and filmic, work together in the context of telling Muir’s story. The authors then discuss film as a medium for telling legal stories. Finally, the authors reflect on their classroom experiences with the various Muir texts, and the ways in which the film assists them in teaching both the particular case and torts more generally. The authors suggest that complementing case reports with documentaries about them, or events related to the case, helps to provide alternative and sometimes counter stories to the official account.

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Lavianchandra, Jorico, Alpi Sahari, and Ahmad Fauzi. "Tindak Pidana Illegal Mining Bagi Perusahaan Yang Melakukan Pertambangan Tanpa Izin." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 2 (December 2, 2020): 350–59. http://dx.doi.org/10.34007/jehss.v3i2.258.

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The issuance of law number 4 of 2009 concerning mineral and coal mining provides a new authority in the world of the act does not close the gap of illegal mining which is rife in Indonesia. Although the law already exists, the fact is that mining without permits continues. This study aims to determine the forms of non-criminal illegal mining and accountability. Forms of illegal mining are criinal acts of mining without permission either UIP, IPR or IUPK. Criminal offenses submit false report data, criminal offenses of exploration without rights, criminal offenses as holders of UIP exploration without carrying out production operations activities, criminal acts of laundering mining goods, criminal offenses related to abuse of authority of the official of the licensing authority, criminal acts which is a legal entity. The criminal liability against companies that carry aut mining activities without a permit is by imprisonment and with a criminal fine. Besides that the leablity for companies that conduct mining with civi sanctions and also administrative sanctions by way of making a business.

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Krause, Joan H. "The Ethical Health Lawyer: Ethical Lawyering in the Gray Areas: Health Care Fraud and Abuse." Journal of Law, Medicine & Ethics 34, no. 1 (2006): 121–25. http://dx.doi.org/10.1111/j.1748-720x.2006.00016.x.

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Few areas of health law practice present as many quandaries for the ethical health lawyer as health care fraud and abuse. The activities addressed by the anti-fraud laws – such as payment for referrals and submission of false claims – not only have a direct impact on the financial viability of the federal health care programs, but go to the heart of the ethical behaviors expected of those who transact business with the government. The severe consequences of violating these proscriptions include significant monetary penalties, ineligibility to participate in the federal health care programs, and even imprisonment. It is no wonder, then, that compliance with the fraud and abuse laws is a key consideration in any health care venture. At the same time, ethical considerations make this area of health law particularly vexing for counsel, raising numerous challenges that include how to balance the strategic goals of current clients against the interests of future clients and whether to advise clients to self-report potential violations even when illegal intent may not easily be shown.

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Olowofoyeku, Abimbola A. "The crumbling citadel: absolute judicial immunity de-rationalised." Legal Studies 10, no. 3 (December 1990): 271–92. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00037.x.

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A Turk is fined and recommended for deportation by a magistrate for breach of the Aliens Order 1953. The magistrate recommends that he not be detained in custody pending the Home Office’ decision on the recommendation for deportation. The Turk appeals to the Crown Court against the recommendation for his deportation. The judge rules that he has no jurisidiction to hear the appeal and dismisses it. On seeing the erstwhile appellant about to leave the court premises the judge cries ‘stop him’, on which the appellant Turk is arrested by the police and detained in custody. The Divisional Court of the Queens Bench issues an order of habeas corpus for the release of the Turk on the ground that the judge in the Crown Court had been functus officio before be began to consider whether the Turk should be detained or not. The Turk consequently brings an action against the Crown Court judge and the police, claiming damages for assault and false imprisonment. It is decided that the judge is immune from liability because he had acted in his capacity as a judge.

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Aryana, I. Wayan Putu Sucana. "Legal Consequences of Using Other People's Identity in Online Loans." Sociological Jurisprudence Journal 5, no. 1 (February 28, 2022): 61–70. http://dx.doi.org/10.22225/scj.5.1.2022.61-70.

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Online loans that are part of Financial Technology create a new mode of crime, in which perpetrators can use other people's personal data to find the online loans. This action causes losses to the online loan service providers and people whose personal identities are used by the perpetrators to make online loans. For this reason, the problems discussed in this paper are: 1) How is the formulation of fintech based on online loans? 2) How is the protection of personal data in online loans? 3) What are the criminal sanctions for using other people's identities in online loans? To answer these problems, a normative juridical research method is used by using the literature sources as the primary source of legal material. Based on research originating from literature sources, criminal sanctions that can be imposed on perpetrators can be charged with Article 27 paragraph (1), (2), (3) or paragraph (4) of the Law on Information and Electronic Transactions, with a criminal penalty regulated in Article 45 of the Law on Information and Electronic Transactions with a maximum imprisonment of 4 (four) years and/or a maximum fine of Rp. 750,000,000 (seven hundred and fifty million rupiah). Judging from the elements in the criminal act of using false identities in making online loans, the criminal sanctions for using false identities on online loans can be suspected by Article 263 paragraph (1) of the Criminal Code regarding the crime of identity fraud, Article 378 of the Criminal Code on fraud, Article 311 paragraph (1) KUHP on slander/defamation.

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Nova, Efren, Zico Junius Fernando, Panca Sarjana Putra, and Agusalim Agusalim. "Impact of Criminal Code’s Articles 263 & 264: A Critical Look at Press Freedom and Human Rights." Jurnal Penelitian Hukum De Jure 24, no. 2 (July 1, 2024): 133. http://dx.doi.org/10.30641/dejure.2024.v24.133-146.

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The public, human rights advocates, and media practitioners have engagedin significant debate regarding Articles 263 and 264 of the new CriminalCode (KUHP). These articles establish laws that criminalize spreadingfalse news that could cause social unrest. The punishments for spreadingsuch information vary depending on the severity and intention behind itsdissemination. Articles 263(1) and (2) differentiate between intentionallyspreading false information that the perpetrator knows is untrue andspreading information that is reasonably believed to be false. The punishmentfor this offense can be imprisonment for up to six years or a maximumfine of category V. Article 264 specifically addresses the act of spreadingfalse information that the perpetrator knows is untrue. Meanwhile, Article264 specifically addresses the act of spreading ambiguous, exaggerated,or incomplete news. Those found guilty can face a maximum penalty oftwo years in prison or a category III fine. This study utilizes normativelegal methodologies, which include statutory, conceptual, comparative,and futuristic approaches. The research design is characterized by bothdescriptive and prescriptive elements. Content analysis was conductedto evaluate the collected data. The study’s findings illustrate that theprimary objective of Articles 263 and 264 of the new Criminal Code is tomaintain public order and deter riots that may arise as a consequence of thedissemination of incorrect information. Nevertheless, these provisions havebeen criticized for their potential to be used as a means to suppress pressfreedom and limit public expression, both of which are fundamental aspectsof democracy and the protection of human rights. Concerns have beenraised about the potential impact of the implementation of these articles onthe protection of press freedom as guaranteed by the Press Law.

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Rangkuti, Helmi, Ketut Seregig, and Tami Rusli. "ANALISIS PERTANGGUNGJAWABAN PELAKU TINDAK PIDANA MENGGANDAKAN SURAT PALSU UNTUK BEKERJA DI PT. GREAT GIANT PINEAPPLE HUMAS JAYA." PRANATA HUKUM 15, no. 1 (January 31, 2020): 104–19. http://dx.doi.org/10.36448/pranatahukum.v15i1.222.

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The rise of the crime of counterfeit letters is very concern for people who become victims of crime and the emergence of the crime is racing because the perpetrators want a profit. All the criminal counterfeiting of the letter is very large both for the victims and other communities by the loss of both material and non-material, in the life of this advanced society and regularly want a guarantee of truth on the evidence of a letter owned by a person. The research result is the cause of perpetrators of criminal acts doubling the counterfeit letter to work at PT Great Giant Pineapple Humas Jaya in article No. 403/Pid. B/2018/PN. Gns namely intention perpetrator, low education factor, factors of economic necessity, and the low Moral factor and religious knowledge, the liability of perpetrators of criminal acts doubling the false letter to work in verdict number: 403/Pid. B/2018/PN. Gns adjusted to the decision of the Assembly of judges that the perpetrators proved lawfully and conclusive criminal acts doubling the counterfeit letter to work with imprisonment for 1 (one) year.

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Pasaribu, Juli Shara, Chistofe Daeli, Koko Valensio Situmeang, and Sonya Airini Batubara. "Pertanggung Jawaban Hukum oleh Seorang Dokter yang Melakukan Tindak Pidana Pemalsuan Surat Keterangan Dokter." Journal of Education, Humaniora and Social Sciences (JEHSS) 3, no. 2 (December 2, 2020): 434–41. http://dx.doi.org/10.34007/jehss.v3i2.334.

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The research objectives used were to determine the ethical and legal accountability of a doctor who commits a criminal act of doctor's certificate forgery and to find out how to legally handle a criminal act committed by a doctor in the field of health law. The research method uses normative juridical, namely using library research and the source of legal materials used is secondary data. This research uses the theory of responsibility. Letter forgery issues a right which is used as false information about the presence or absence of disease. Criminal acts that often occur are related to Article 263 of the Criminal Code (making forged letters or falsifying letters) Article 266 of the Criminal Code for a doctor who falsifies a letter sentenced to a maximum imprisonment of four (4) years. A doctor is required to provide a statement and opinion that has been examined itself the truth. Overcoming letter forgery is carried out through 2 efforts, namely penal measures and non-penal measures carried out repressively (law enforcement). Prevention can be done by providing additional provisioning both ethically and in discipline to each doctor

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Kassin, Saul M. "The Killing of Kitty Genovese: What Else Does This Case Tell Us?" Perspectives on Psychological Science 12, no. 3 (May 2017): 374–81. http://dx.doi.org/10.1177/1745691616679465.

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Well known in popular culture, the 1964 murder of Kitty Genovese in Queens, New York, became famous because not one of an alleged 38 bystanders called police until it was too late. Within psychology, this singular event inspired the study of bystander intervention. With the spotlight of history focused on Ms. Genovese and bystanders, other events, also profound for what they tell us about human social behavior, have escaped public notice. Based on archival records and current interviews, this article describes the three issues linked to Genovese. First, three false confessions, taken from two individuals, led to their wrongful convictions and imprisonment. One of these individuals was cited by the U.S. Supreme Court in Miranda v. Arizona (1966); the other individual is alive and well and wants to clear his name. Second, the narrative of the unresponsive bystander was initiated by police, not by journalists, in response to probing questions about one of these confessions. Finally, there is the ironic fact, which somehow has slipped through the cracks, that the killer of Genovese was ultimately captured as a result of the intervention of two bystanders.

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Shapira, Ron. "Disciplinary Measures against Minors as Justification in Criminal Law." Israel Law Review 30, no. 1-2 (1996): 161–70. http://dx.doi.org/10.1017/s0021223700015028.

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In this era of increasingly extensive legal regulation of human behavior, there is one type of human conduct which seems almost unpermeable to legal regulation: the education of children. The problematics of exercising educational or disciplinary powers against children concern a variety of situations, including the prima facie infringements of many personal rights of children. The most typical limitation of the rights of children by disciplinary measures is, of course, corporal punishment, that is, by actual chastisement conducted by a parent, a guardian, a schoolteacher or any other adult responsible for the training or education of children. However, children are also liable to the infringement of other rights. To a great extent, a child does not fully enjoy many personal physical rights considered to be indisputable for an older person. Thus, for example, a child's detention against his will may not constitute false imprisonment, and the seizure of a child's most intimate personal property may not be considered trespass. It is only for the sake of simplicity, therefore, that I prefer to focus our short discussion on the most conspicuous instance of this general phenomenon, namely, the deliberate physical assault of children.

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Kazin, Cathrael. ""Nowhere to Go and Chose to Stay": Using the Tort of False Imprisonment to Redress Involuntary Confinement of the Elderly in Nursing Homes and Hospitals." University of Pennsylvania Law Review 137, no. 3 (January 1989): 903. http://dx.doi.org/10.2307/3312279.

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Saredau, Daniel P., and Ujong Bassey Okpa. "Wrongful Interference of Police in Civil Transactions and the Remedies for Aggrieved Persons." ABUAD Law Journal 10, no. 1 (July 29, 2022): 26–43. http://dx.doi.org/10.53982/alj.2022.1001.02-j.

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Though established under section 214 of the 1999 Constitution of the Federal Republic of Nigeria, the provisions on the functions, powers, administration, and structure of the Nigeria Police Force are as contained in the Nigeria Police Act, 2020. But, despite section 32(2) of the Police Act and section 8(2) of the Administration of Criminal Justice Act (2015) providing that a person shall not be arrested merely on a civil wrong or breach of contract, and the plethora of judicial authorities deprecating this practice, there continues to be a swash of cases in which the police meddle with civil claims. In the result, the police often, wrongly, turn itself into a debt recovery agency, an enforcer of contracts, or a forum for settling civil claims.Using doctrinal methodology and a discursive research design, this study examines the law on the issue. The study finds that there are legal remedies available for a person who feels aggrieved with police interference in civil claims. The remedies discussed are action for malicious prosecution, action for false imprisonment, fundamental rights enforcement action, and action under the Anti-torture Act. Overall, the study dissuades citizens from resort to the police for civil claims, and encourages the police to desist from wrongful interference in civil claims.

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Shkerin, V. A. "History of “Note on Sects Existing in the Perm Governorate” (1827) in the Fate of the Author and His Informants." Vestnik NSU. Series: History and Philology 22, no. 1 (January 15, 2023): 78–86. http://dx.doi.org/10.25205/1818-7919-2023-22-1-78-86.

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The article studies a history of creation of the “Note on sects existing in the Perm Governorate” (1827), which became the most detailed description of the Ural Old believers of this time. The materials for the note was collected by a Moscow official and writer S. D. Nechaev. He traveled to the Urals during the troubled times after the defeat of the Decembrist Revolt when Emperor Nicholas I was inclined to suspect secret societies’ activities everywhere. Stepan Dmitrievich Nechaev (1792–1860) was also a member of the Union of Prosperity. Usually, investigators were not interested in persons who had left the Decembrist societies before 1821. But Nechaev signed a false statement according to which he had never been a member of such societies. For such acts of perjury, other members of the Union of Prosperity were sentenced to a month's imprisonment in the Peter and Paul Fortress. Nechaev also had artistic and friendly relations with the Decembrists-writers A. A. Bestuzhev, K. F. Ryleev, V. K. Kyukhelbeker, who played key or prominent roles in the preparation and realization of the armed revolt on 14 December 1825 in St. Petersburg. However the three months spent in the Ural region saved him from prosecution.

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Journal articles on the topic 'False imprisonment'

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