Here is the synopsis of our sample research paper on Wrongful Imprisonment in Colorado
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Essay / Research Paper Abstract
This 4 page paper discusses prisons in Colorado, the wrongful imprisonment charge as based on the Constitution, and how difficult it is to prove, given the circumstances. Bibliography lists 3 sources.
Page Count:
4 pages (~225 words per page)
File: D0_HVWrgImp.rtf
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Unformatted sample text from the term paper:
the ruling and public opinion. This paper considers the law with regard to wrongful imprisonment in Colorado. Discussion Research reveals that wrongful imprisonment in general is defined relative to the
United States Code. The relevant section is 42 U.S.C. ?1983, which states in part: Every person who ...subjects ... any citizen of the United States ... to the deprivation
of any rights ... secured by the Constitution and laws, shall be liable to the party injured in an action at law ... except that in any action brought against
a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was
unavailable (42 U.S.C. Section 1983). Simply stated, the person who believes they have been wrongfully confined has the right to sue, except that they cannot sue judges. Thus,
there is a legal remedy available for those wrongfully imprisoned. Such cases often turn on the violation of the 4th and/or 14th Amendments; the 4th Amendment prohibits unlawful search and
seizure while the 14th prohibits states from violating citizens rights as guaranteed by the Constitution. A prisoner in Colorado thus has some recourse under the Constitution as well as the
U.S. Code. In Colorado, however, false imprisonment may be a misdemeanor or a felony, depending on circumstances. The state defines false imprisonment like this: "Any person who knowingly confines or
detains another without the others consent and without proper legal authority commits false imprisonment" (Misdemeanor & felony false imprisonment). As in Section 1983 (above), this doesnt apply to a judge
or a "peace officer acting in good faith within the scope of his or her duties" (Misdemeanor & felony false imprisonment). In Colorado, false imprisonment is a "class 2 misdemeanor";
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