Misprision of felony
Encyclopedia : M : MI : MIS : Misprision of felony
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| Criminal law |
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| Part of the common law series |
| Elements of crimes |
| Actus reus · Causation (law)>Causation · Concurrence |
| Mens rea · Intention (criminal)>Intention (general) |
| Intention in English law · Recklessness (criminal)>Recklessness |
| Willful blindness · Criminal negligence |
| Ignorantia juris non excusat |
| Vicarious liability · Corporate liability |
| Strict liability |
| Classes of crimes |
| Felony/Indictable offence>Indictable · Hybrid offence |
| Misdemeanor/Summary offence>Summary |
| Infraction |
| lesser included offenses |
| Crimes against the person |
| Assault · Battery (crime)>Battery · Robbery |
| Kidnapping · Rape |
| Mayhem · Manslaughter · Murder |
| Crimes against property |
| Burglary · Larceny · Arson |
| Embezzlement · False pretenses |
| Extortion · Forgery · Computer crime |
| Crimes against justice |
| Obstruction of justice · Bribery |
| Perjury · Misprision of felony |
| Inchoate offenses |
| Solicitation · Attempt |
| Conspiracy · Accessory |
| Subsets |
| Criminal procedure |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
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With the development of the modern law, this crime has been discarded in most jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. For example, prison guards who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime.
One form of this crime, misprision of treason, was frequently used in England during the 16th and 17th centuries to punish enemies of the crown.
The term misprision can also be applied in some legal systems to a wilful act or omission by a person who is involved in or has knowledge of the facts of a crime, which causes in the end result an innocent person to be punished for the crime; e.g., a frameup.
References
Curenton, The Past, Present, and Future of 18 U.S.C. Sec. 4: An Exploration of the Federal Misprision of Felony Statute, (2003) Vol. 55 Alabama Law Review, 183.
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