To prove false imprisonment, which element is NOT required?

To understand why the detention being justified is not a required element to prove false imprisonment, it's crucial to recognize the fundamental aspects of false imprisonment. False imprisonment occurs when an individual is confined against their will without lawful justification. The core elements typically include:

1. An act of restraint or forcible detention.
2. The detention must be unlawful and executed without a warrant.

3. The individual must be aware of their confinement or harmed by it.

The element regarding justification is not needed because the essence of false imprisonment lies in the unlawful nature of the confinement. Even if a party believes their actions were justified—say, in an attempt to prevent a crime—this does not negate the possibility of false imprisonment if the conditions of restraint were otherwise illegal.

Furthermore, proof of malice is not a requisite for establishing false imprisonment; rather, the focus is on the act of confinement itself and whether it was justified legally. This distinction underscores the principle that the law protects individuals from being unjustly detained, irrespective of the intentions behind the actions leading to that detention.