False arrest
Includes a false imprisonment, but contains the additional feature of detaining the victims with the intention that they may be turned over to the police for prosecution.
Malicious prosecution
These two must exists:
1) the complainant was arrested and later released
2) evidence provided revealed that the person making the complaint did not have an honest belief that a crime had taken place, but was guided by other improper motives such as a desire to harass or humiliate the victim.
1) the complainant was arrested and later released
2) evidence provided revealed that the person making the complaint did not have an honest belief that a crime had taken place, but was guided by other improper motives such as a desire to harass or humiliate the victim.

No comments:
Post a Comment