Also known as: incarcerate · incarcerates · incarcerated · incarcerating · incarcerations · imprisonment · confinement · detention
Written by attorneys · grounded in primary & secondary sources — see below
The act or process of confining a person, especially in a penal institution. Confinement may occur after a valid arrest or conviction and triggers procedural protections such as due process hearings when imposed by the government.
Select any source to read its text and confirm it supports the definition.
Irene Ingalls testified in a civil fraud trial. Five years earlier she had been convicted of a felony punishable by more than one year in prison and had served a term of incarceration. The court admitted the conviction to attack her credibility under Rule 609(a)(1) after balancing probative value against prejudice.
Imran Iyer faced misdemeanor charges that carried a possible sentence of incarceration. His lawyer contested every element of the prosecution's case even though the evidence was strong, consistent with the ethical permission to demand full proof in proceedings that may result in confinement.
Iris Irons was suspected of shoplifting. Store security locked her in an office for forty minutes while police were called. The confinement constituted false imprisonment because it was accomplished by physical barriers without legal authority and Iris was conscious of her inability to leave.
Isaiah Ishikawa was stopped for a minor traffic offense punishable only by a fine. The officer arrested him on the spot even though the violation carried no possibility of incarceration. The arrest was upheld because the Fourth Amendment permits warrantless arrests for misdemeanors committed in an officer's presence regardless of the penalty.
Idina Iverson was prevented from leaving a retail stockroom by two guards who blocked the only exit. The guards had no legal authority to hold her. Their actions amounted to common-law false imprisonment because they unlawfully confined her without valid consent.
Israel Irving was a defendant in a criminal trial. More than ten years had passed since his release from incarceration following a prior conviction. The prosecution sought to introduce the conviction only after giving written notice and demonstrating that its probative value substantially outweighed prejudice under Rule 609(b).
A conviction for a crime punishable by death or imprisonment for more than one year is admissible subject to Rule 403 in civil cases and in criminal cases where the witness is not the defendant. When the witness is the defendant the conviction is admitted only if its probative value outweighs its prejudicial effect to that defendant.
Supporting sources
A lawyer may defend the proceeding by requiring the prosecution to prove every element even if the lawyer believes there is no non-frivolous basis for contesting guilt. This exception recognizes the unique stakes when loss of liberty is at issue.
…by this Act is guilty of a [felony] and, upon conviction thereof, may be sentenced to pay a fine not exceeding [$1,000] or to imprisonment [in the state penitentiary] not exceeding [5 years], or both. "SECTION 3. [ Uniformity of Interpretation. ] This Act shall be construed to effectuate its general purpose to make uniform…
…in all States. They have been able to travel freely around the country, making their homes where they please. Far from being incarcerated or physically restrained, petitioners have been left alone to order their lives as they see fit. Nor, under the broader definition, can they claim that the States have restricted their…
…a criminal prosecution which resulted in the grandmother's conviction and sentence to prison and a fine. Section 1345.99 permits imprisonment
…subjecting the child to the stigma of a finding that he violated a criminal law[^maj-5] and to the possibility of institutional confinement on proof insufficient to convict him were he an adult. We conclude, as we concluded regarding the essential due process safeguards applied in Gault , that the observance of the standard…
…the types of harm private citizens inflict on one another, the experience of judges in dealing with private trespass and false
Supporting sources
Liability arises when an actor intends to confine another within boundaries fixed by the actor, the act directly or indirectly results in confinement, and the other person is conscious of the confinement or is harmed by it. Confinement may be accomplished by physical barriers or overpowering force.
Supporting sources
Yes. An officer may arrest without a warrant for a misdemeanor committed in the officer's presence even when the offense is punishable only by a fine and not by incarceration.
Supporting sources
False imprisonment at common law consists of unlawfully confining a person without valid consent. Confinement occurs when the actor compels the victim to go where the victim does not wish to go or to remain where the victim does not wish to remain, and consent is invalid if obtained by coercion or deception.
Supporting sources
Evidence of a conviction is admissible only if more than ten years have passed since the conviction or release from confinement, whichever is later, and only if the probative value supported by specific facts substantially outweighs prejudicial effect and reasonable written notice is given.
Supporting sources