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Misprision

Black's Law Dictionary · Henry Campbell Black, M.A. · 1910

Black's Law Dictionary

In criminal law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law. 3 Inst. 36. But more particularly and properly the term denotes either
(1) a contempt against the sovereign, the government, or the courts of justice, including not only contempts of court, properly se called, but also all forms of seditious or disloyal conduct and leze-majesty;
(2) maladministration of high public office, including peculation of the public funds;
(3) neglect or light acoount made of a crime, that is, fallure in the duty of a citizen to endeavor to prevent the cominission of a crime, or, having knowledge of its commission, to reveal it to the proper authorities. See 4 Bl. Comm. 119126.

Misprision of felony. The offense of concealing a felony committed by another, but without such previous concert with or subsequent assistance to the felon as would make the party concealing an accessory before or after the fact. 4 Steph. Comm. 260 ; 4 Bl. Comm. 121; Carpenter v. State, 62 Ark. 286, 36 S. W. 900.

Misprision of treason. The bare knowledge and concealment of an act of treason or treasonable plot, that is, without any assent or participation therein, for if the latter elements be present the party becomes a principni. 4 Bl. Comm. 120; Pen. Co.de Cal. § 38.

Negative misprision. The concealment of something which ought to be revealed; that is, misprision in the third of the specific meanings given abave.

Positive misprision. The commission of something which ought not to be done ; that is, misprision in the first and second of the specific meanings given above. In practice. A clerical error or mistake made by a clerk or other judicial or ministerial officer in writing or keeping records. See Merrill v. Miller, 28 Mont 134, 72 Pan. 427.