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False imprisonment does not require a literal prison, but a restriction of the claimant's freedom of movement (complete restraint). According to the Termes de la Ley , 'imprisonment is the restraint of a man's liberty, whether it be in the open field, or in the stocks, or in the cage in the streets or in a man's own house, as well as in the ...
The fixing of punishment for crime or penalties for unlawful acts against its laws is within the police power of the state. We can only interfere with such legislation and judicial action of the states enforcing it if the fines imposed are so grossly excessive as to amount to a deprivation of property without due process of law.
Felony murder applies when someone dies during the commission or attempted commission of another violent felony. It is called the felony murder rule and only requires the person to intend to commit the underlying felony, including burglary, arson, rape, robbery and kidnapping. The Redline Rule excludes the death of a co-felon who was killed ...
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest".
No precise definition of what is wrongful or improper. Examples include: morally wrong, criminal, or tortious conduct; one that is a threat to breach a contract "in bad faith" or threaten to withhold an admitted debt "in bad faith". No reasonable alternative (but to accept the other party's terms). If there is an available legal remedy, an ...
In philosophy, moral responsibility is the status of morally deserving praise, blame, reward, or punishment for an act or omission in accordance with one's moral obligations. [ 1 ] [ 2 ] Deciding what (if anything) counts as "morally obligatory" is a principal concern of ethics .
A conviction for the statutory offense of vehicular homicide or other involuntary manslaughter requires only a showing of negligence will not involve moral turpitude even if it appears the defendant in fact acted recklessly) Mayhem; Murder; Pandering; Prostitution; Rape (including "Statutory rape" by virtue of the victim's age)
Retributive justice is a legal concept whereby the criminal offender receives punishment proportional or similar to the crime.As opposed to revenge, retribution—and thus retributive justice—is not personal, is directed only at wrongdoing, has inherent limits, involves no pleasure at the suffering of others (i.e., schadenfreude, sadism), and employs procedural standards.