Misprision

In Criminal Law. A term used to signify every considerable misdemeanor which has not a certain name given to it by law.

Co. 3d Inst 36.

The concealment of a crime. 'Negative misprision consists In the concealment of something which ought to be revealed. Misprision of felony is the like concealment of felony, without giving any degree Of maintenance to the felon; Act of Congress of April 30, 1790, s. 6, R. S. § 5390; for if any aid be given him, the party becomes an accessory after the fact Misprision of treason is the concealment Congress of April 8Q, 1790, R. S. { 5338; 1 East, PI.

Cr. 139.

If any assistance be given to the traitor, it makes the party a principal, as there are no accessories in treason. Positive misprision consists in the commission of something which ought not to be done.

4 Bia. Com. c. 9.

It Is the duty of every good citizen, knowing of a treason or felony having been committed, to inform a magistrate. Silently to observe the commission of a felony, without using any endeavors to apprehend the offender, is a misprision.

1 Buss. Gr. 43; 1 Bish. Cr. L. $ 720; Hawk. PI.

Cr. c.

59, 8. 6; 4 Bia. Com. 119.

In Coke’s time the term had got an extended meaning; it was not merely a crime of omission, but a crime of commission (3 Inst. 139). In this latter sense it was a vague offence which covered many and various offences.

3 Holdsw. Hist. E. L. 312.

At present it is the passive omission to do one’s duty — to stand by and make no attempt to apprehend the offender or give information to the police. The least degree of assent makes the person a principal in treason, or in felonies a principal or accessory.

Odger O. L. 201.

Misprisions which are merely positive are denominated contempts or high misdemeanors: as, for example, dissuading a witness from giving evidence.

4 Bia. Com. 126.