POLI 3120 Chapter Notes - Chapter 6-7: Forum Shopping, False Imprisonment, Prison Warden
3 Mar 2020
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1. What is false imprisonment? What is kidnapping? What's the difference between the two?
a. False imprisonment - confining a person against their will
i. Typically a misdemeanor unless the person is exposed to harm
b. Kidnapping - forcibly abducting and taking someone to another location
i. Felony
c. Movement (asportation) is what distinguishes the two
2. Give some examples of false imprisonment scenarios.
a. Police officer takes person into custody under unlawful arrest
b. Prison warden refuses to release an inmate after they have served his or her term
3. Why is the offense of false imprisonment used so little today?
a. Because those that are false imprisoned typically file a civil suit instead
b. Higher level of proof required for criminal trial
4. Is kidnapping generally more or less serious of an offense than false imprisonment?
a. Kidnapping is generally more serious of an offense than false imprisonment (it is a felony,
while false imprisonment is typically a misdemeanor)
5. What is "asportation" and how does it related to kidnapping offenses?
a. Asportation - the carrying away of something (in kidnapping, the person)
b. It needs to be present in a kidnapping offense
6. How far must the victim be moved for it to be considered kidnapping?
a. Varies by jurisdiction
b. Taking the victim into another room is not sufficient
c. In Iowa, asportation isn’t required
i. However, specific intent has to be shown
7. If the movement of the victim is incidental or part of some other crime, is it likely a kidnapping
conviction will be upheld?
a. Usually not upheld if the movement is incidental or part of some other crime
8. What are the defenses to false imprisonment and kidnapping?
a. Consent
9. What is child snatching? What is "judge shopping" in relation to child snatching?
a. Child snatching - action taken by one parent to deliberately retain or conceal a child from the
other parent
i. Usually a felony
b. Judge shopping - the practice of filing numerous lawsuits that assert the same claims in hopes
of having one one the lawsuits heard by a favorable judge
i. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) - a law in
force in all fifty states that generally continues jurisdiction for custody of children in
the home or resident state of the child, effective in preventing judge shopping
