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MISPRISION (from O. Fr. mesprendre, m...

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Originally appearing in Volume V18, Page 580 of the 1911 Encyclopedia Britannica.
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MISPRISION (from O. Fr. mesprendre, mod. meprendre, to misunderstand) , a See also:term in See also:English See also:law, almost obsolete, used to describe certain kinds of offence. Writers on criminal law usually See also:divide misprision into two kinds (a) negative, (b) See also:positive. (a) Negative misprision is the concealment of See also:treason or See also:felony. By the See also:common law of See also:England it was the See also:duty of every See also:liege subject to inform the See also:king's justices and other See also:officers of the law of all treasons and felonies of which the informant had knowledge, and to bring the offender to See also:justice by See also:arrest (see Sheriffs See also:Act 1887, s. 8). The duty See also:fell and still falls primarily on the See also:grand jurors of each See also:county See also:borough or See also:franchise, and is performed by See also:indictment or presentment, but it also falls in theory on all other inhabitants (see See also:Pollock and See also:Maitland, Hist. Eng. Law, ii. 5o5). Failure by the latter to See also:discharge this public duty constitutes what is known as misprision of treason or felony (see 3 Co. Inst., 139).

Misprision of Treason, in the words of See also:

Blackstone, consists in the See also:bare knowledge and concealment of treason, without any degree of assent thereto, for any assent makes the party a See also:principal traitor." According to See also:Bracton, de See also:Corona, seq. 118, failure to reveal the treason of another was in itself high treason, but statutes of 1551–1552 and 1554–1555 made concealment of treason misprision only. Most of the statutes regulating See also:procedure on trials for treason also apply to misprision of treason. The See also:punishment is loss of the profit of the lands of the offender during See also:life, See also:forfeiture of all his goods and imprisonment for life. These punishments are not affected by the Forfeiture Act 187o. Misprision of Felony is the concealment of a felony committed by another See also:person, but without such previous See also:concert with, or subsequent assistance of the offender, as would make the concealer an See also:accessory before or after the fact. The offence is a See also:misdemeanour punishable on indictment by See also:fine and imprisonment. (b) Positive misprision is the doing of something which ought not to be done; or the See also:commission of a serious offence falling See also:short of treason or felony, in other words of a misdemeanour of a public See also:character (e.g. maladministration of high officials, See also:con-tempt of the See also:sovereign or magistrates, &c.). To endeavour to dissuade a See also:witness from giving See also:evidence, to disclose an examination before the privy See also:council, or to advise a prisoner to stand See also:mute, used to be described as misprisions (See also:Hawk. P. C. bk. I. c.

20). The old writers say that a misprision is contained in every felony and that the See also:

Crown may elect to prosecute for the misprision instead of the felony. This proposition merely affirms the right of the Crown to choose a more merciful remedy in certain cases, and has no See also:present value in the law. Positive misprisions are now only of antiquarian See also:interest, being treated as misdemeanours. In the See also:United States, misprision of treason is defined to be the See also:crime committed by.a person owing See also:allegiance to the United States, and having knowledge of the commission of any crime against them, who conceals and does not, as soon as may be, disclose and make known the same to the See also:president or to some See also:judge of the United States, or to the See also:governor, or to some judge or justice of a particular See also:state. The punishment is imprisonment for not more than seven years and a fine of not more than one thousand dollars.

End of Article: MISPRISION (from O. Fr. mesprendre, mod. meprendre, to misunderstand)

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