Misprision of felony
Encyclopedia
Misprision 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.
A person was not obliged to disclose his knowledge of a felony where the disclosure would tend to incriminate him of that offence or another.
With the development of the modern law, this crime has been discarded in many jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. In this case, the offence of misfeasance in public office
or malfeasance in public office may be considered instead. For example, corrections officers who stand idly by while drug trafficking occurs within the prison
may be prosecuted for this crime.
It has been abolished in England and Wales
, in Northern Ireland
, in the Republic of Ireland
, and in Australia
.
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
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and was classified as a misdemeanour. It consisted of failing to report knowledge of a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
to the appropriate authorities.
Exceptions were made for close family members of the felon.
A person was not obliged to disclose his knowledge of a felony where the disclosure would tend to incriminate him of that offence or another.
With the development of the modern law, this crime has been discarded in many jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. In this case, the offence of misfeasance in public office
Misfeasance in public office
Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused his power...
or malfeasance in public office may be considered instead. For example, corrections officers who stand idly by while drug trafficking occurs within the prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
may be prosecuted for this crime.
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 Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
.
United States federal law
"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under :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.
Further reading
- For a discussion of the appellant's defence and the decision in Sykes above, see P.R.Glazebrook, Misprision of Felony - Shadow or Phantom, The American Journal of Legal History, Volume 8, No.3 (July 1964) pp.189 - 208, Temple University JSTOR
- For a general discussion of this offence from an American viewpoint, see William Lawrence Clark, A Treatise on the Law of Crimes, Hein, 1996, para. 439 pp.679 - 680 http://books.google.co.uk/books?id=YyER7CuVmNEC&printsec=frontcover#PPA679,M1