Misprision of felony

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Misprision of felony, under the common law of England, was the crime of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon.

With the development of the modern law, this crime has been discarded in most jurisdictions (it was abolished in England & Wales in 1967), and is generally only applied against persons placed in a special position of authority or responsibility. For example, prison guards who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime.

Under the old common law hierarchy of crimes (as treasons, felonies and misdemeanours), misprision of treason was a felony and misprision of felony was a misdemeanour. (There was no such offence as misprision of a misdemeanour.)

1 United States federal law
2 Misprision of treason
3 Misprision of terrorism
4 Other jursidictions and meanings
5 References
6 See also

[edit] United States federal law

"Misprision of Felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

This offense, however, requires active concealment of a known felony rather than merely failing to report it. ^[1]

[edit] Misprision of treason

A related crime, misprision of treason, was frequently used in England during the 16th and 17th centuries to punish enemies of the Crown.

[edit] Misprision of terrorism

Misprision has in effect been recriminalised in England and Wales, in the case of terrorism (although the name misprision is not used): failing to disclose information that could have prevented an act of terrorism and failing to disclose information that may help police investigate an act of terrorism are both offences.

[edit] Other jursidictions and meanings

The term misprision can also be applied in some legal systems to a wilful act or omission by a person who is involved in or has knowledge of the facts of a crime, which causes in the end result an innocent person to be punished for the crime; e.g., a frameup.^{[citation needed]}

In some jurisdictions, such as New York and the military justice system, misprision also refers to the "intent to cause a false impression," for example, for the sale of fake drugs, such as oregano instead of marijuana.^{[citation needed]}

[edit] References

^ See United States v. Johnson, 546 F.2d 1225 (5th Cir. 1977) at 1227 ("The mere failure to report a felony is not sufficient to constitute a violation of 18 U.S.C.A. § 4."

Curenton, The Past, Present, and Future of 18 U.S.C. Sec. 4: An Exploration of the Federal Misprision of Felony Statute, (2003) Vol. 55 Alabama Law Review, 183.