misprision

A word used to describe an offense which does not possess a specific name. United States v. Perlstein, C.C.A.N.J., 126 F.2d 789, 798.

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 so called, but also all forms of seditious or disloyal conduct and leze-majesty;

(2) maladministration of public office; neglect or improper performance of official duty, including peculation of public funds;

(3) neglect of light account made of a crime, that is, failure in the duty of a citizen to endeavor to prevent the commission of a crime, or, having knowledge of its commission, to fail to reveal it to the proper authorities.Concealment of crime.

See misprision of felony.

@ negative misprision

The concealment of something which ought to be revealed; that is, misprision in the third of the specific meanings given above.

@ 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

@ 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. United States v. Perlstein, C.C.A.N.J., 126 F.2d 789, 798.

Elements of the crime are that the principal committed and completed the felony alleged, that the defendant had full knowledge of that fact, that the defendant failed to notify the authorities, and that defendant took an affirmative step to conceal the crime. U.S. v. Ciambrone, C.A.Nev., 750 F.2d 1416, 1417.

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, is guilty of the federal crime of misprision of felony. 18 U.S.C.A. No.4.

See also obstructing justice

@ misprision of treason

The bare knowledge and concealment of an act of treason or treasonable plot by failing to disclose it to the appropriate officials; that is, without any assent or participation therein, for if the latter elements be present the party becomes a principal. 18 U.S.C.A. No. 2382

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