Compounding a felony
Encyclopedia
Compounding a felony was an offence under the common law
of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or hamper the prosecution of, a felony. The word "compound," in this context, means to come to a settlement or agreement.
It is not compounding for the victim to accept an offer to return of stolen property or restitution as long as there is no agreement not to prosecute.
Under the common law compounding a felony was punishable as a misdemeanor although many states have enacted statutes that punish the offense as a felony. Compounding a misdemeanor is not a crime. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.
It has been abolished in England and Wales
, in Northern Ireland
, in the Republic of Ireland
, and in New South Wales
. In each of these cases it has been replaced by a statutory offence.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or hamper the prosecution of, a felony. The word "compound," in this context, means to come to a settlement or agreement.
It is not compounding for the victim to accept an offer to return of stolen property or restitution as long as there is no agreement not to prosecute.
Under the common law compounding a felony was punishable as a misdemeanor although many states have enacted statutes that punish the offense as a felony. Compounding a misdemeanor is not a crime. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.
It has been abolished in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
, in Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, and in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
. In each of these cases it has been replaced by a statutory offence.
See also
- Compounding treasonCompounding treasonCompounding treason is an offence under the common law of England. It is committed by anyone who agrees for consideration to abstain from prosecuting the offender who has committed treason.It is still an offence in England and Wales, and in Northern Ireland...
, same sense of "compounding" applied to the crime of treasonTreasonIn law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a... - Misprision of felonyMisprision of felonyMisprision of felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of failing to report knowledge of a felony to the appropriate authorities.Exceptions were made for close family members of the felon....
, failing to report knowledge of a felony - TheftboteTheftboteTheftbote, a misdemeanor, occurs when a crime victim accepts the return of stolen property or makes other arrangements with a felon in exchange for an agreement not to prosecute. Such private deals were criminalized by the King of England because they reduced fines and other forfeitures of...
, private arrangement between felon and victim, to obviate fines due to the King - Perverting the course of justicePerverting the course of justicePerverting the course of justice, in English, Canadian , and Irish law, is a criminal offence in which someone prevents justice from being served on himself or on another party...
, common-law offence - Settlement (litigation), permitted in civil law