Legal Definitions - in vinculis

In vinculis is a Latin legal term that translates to "in chains" or, more commonly in modern legal contexts, "in actual custody." It refers to a situation where an individual is physically restrained or held by legal authority, such as in a jail, prison, or other form of detention.

• Example 1: A Suspect Awaiting Arraignment
  After being arrested on suspicion of burglary, a person is transported to the local police precinct and placed in a holding cell overnight. During this period, before they have even appeared before a judge, the individual is considered in vinculis. They are physically detained by law enforcement, their freedom of movement is restricted, and they are under the direct control and custody of the state.

• Example 2: A Convicted Prisoner Serving a Sentence
  A person found guilty of a felony offense and sentenced to several years in a state correctional facility is unequivocally in vinculis. Their entire existence is within the confines of the prison system, under constant supervision and control. This example clearly illustrates the term as the individual is literally "in chains" of the justice system, serving their time in actual custody.

• Example 3: A Material Witness Held in Protective Custody
  In a complex criminal investigation where a key witness's safety is at risk, a court might order them to be held in protective custody in a secure, undisclosed location to ensure their appearance at trial and prevent harm. Even though this witness has not committed a crime, they are technically in vinculis because their movement is restricted, and they are physically held by legal authorities for a specific purpose, albeit for their own protection and the integrity of the legal process.