Imprisonment, wrongful

See Pub. L. 104-191 42 USC Sectionl320d-5 Pub. L. 104-191 42 USC Section 1320d-6. A person who knowingly obtains or discloses individually identifiable health information in violation of HIPAA faces a fine of 50 000 and up to one-year imprisonment. The criminal penalties increase to 100 000 and up to 5 years imprisonment if the wrongful conduct involves false pretences, and to 250 000 and up to 10 years imprisonment if the wrongful conduct involves the intent to sell, transfer or use individually identifiable health information for commercial advantage, personal gain or malicious harm. Criminal sanctions will be enforced by the Department of Justice. 

The U.S. Court of Appeals for the District of Columbia declares that If. . . [the defendant] has a mental illness which makes it likely that he will commit other violent acts when his sentence is served, imprisonment is not a remedy. Not only would it be wrong to imprison him, but imprisonment would not secure the community against repetitions of his violence. Hospitalization, on the other hand, would serve the dual purpose of giving hiiYi the treatment required for his illness and keeping him confined until it would be safe to release him. ... 

That no man be taken or imprisoned, but per legem terrae chat is by the common law, statute law, or custom of England. For these words, per legem terrae being towards the end of this chapter, do refer to all the pretended matters in this chapter and this has the first place, because the liberty of a man s person is more precious to him than all the rest that follow and therefore it is great reason that he should by law be relieved therein, if he be wronged, as hereafter shall be showed. 

There can be no doubt that in ordinary circumstances, police should tell a person the reason for his arrest at the time they make the arrest. If a person s liberty is being restrained he is entitled to know the reason. If the police fail to inform him, the arrest will be unlawful with the consequence that if police are assaulted as the suspect resists arrest, he commits no offence. Therefore, if he is taken to custody, he will have action for wrongful imprisonment. 

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