Misprision

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. The concealment of a crime. Misprision of felony is the like concealment of felony, without giving any degree of maintenance to the felon (Act Cong. April 30, 1790, § 6; 1 Story, U. S. Laws, 84); for if any aid be given him, the party becomes an accessory after the fact. Misprision of treason is the concealment of treason by being merely passive. Act Cong. April 30, 1790 (1 Story, U. S. Laws, 83; 1 East, P. C. 139). If any assistance be given to the traitor, it makes the party a principal, as there are no accessorifes in treason. Negative misprision consists in the concealment of something which ought to be revealed. Positive misprision consists in the commission of something which ought not to be done. 4 Bl. Comm. c. 9.

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.

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.

Neglect; oversight; mistake; neglect or light account made of a crime; omission to reveal a crime. It is a negative misprision where it is a mere concealment of what oughf to be revealed; a positive misprision where it is the doing of an act which ought not to be done. Misprision of felony: the concealment of a felony committed by another, without such conduct as will make the party an accessory. Misprision of treason: the bare knowledge and concealment of treason vi^ithout any degree of assent thereto.

A neglect, oversight; a contempt. The concealment of a crime; as of treason or felony.

Originally, a vague general term for a neglect, omission, or a contempt of authority. Hence it came to be sometimes used to signify any considerable offence which had no definite name. A more important and better defined use of the term was to denote the neglect or omission of one's duty to disclose an offence by another person of which he had become cognizant; the contempt of authority involved in concealing a crime. Thus, misprision of felony or misprision of treason is the offence of concealing the commission of either, known to have been perpetrated by another. As a designation of a distinctive offence the term has lost importance under the progress made in giving statutory definitions of the guilt and punishment of abettors and accessories. Misprision is generally understood to be all such high offences as are under the degree of capital, but closely bordering thereon; and it is said that a misprision is contained in every treason and felony whatsoever. Misprisions are generally divided into two sorts, negative and positive, the former consisting in the concealment of something which ought to he revealed, the latter in the commission of something which ought not to be done. Of the first, or negative kind, is what is called misprision of treason, which consists in the bare knowledge and concealment of treason, without any degree of assent thereto. Of this negative kind is also misprision of felony, which is the concealment of a felony which a man knows but never assented to. The concealment of treasuretrove, which belongs to the king or his grantees by royal prerogative, is also a species of negative misprision. Positive misprisions are generally denominated contempts or high misdemeanors; such, far high officers as are in public trust and employment; the embezzling of the public money; contempts against the king's prerogative, his person and government, or his title, &c. See 1 Hawk. P. C. B. I. ch. 20. Misprision has been applied to coining foreign coin, the reason given being that the offence was at one time visited with the same punishment as misprision; also, to the neglect of clerks in writing and keeping records. Mozley ^ W.