MISPRISION. In Criminal Law. A term used to signify every considerable misde meanor 'which has not a certain name given to it by law. Co. 3d Inst. 36.
The concealment of a crime.
Negative misprision consists in the con cealment of something which ought to be revealed.
Misprision of felony is the like conceal ment of felony, without giving any degree of maintenance to the felon ; Act of Con gress of April 30, 1790, s. 6, R. S. § 5390 ; for if any aid be given him, the party becomes an accessory after the fact.
Misprision of treason is the concealment of treason by being merely passive. Act of Congress of April 30, 1790, R. S. § 5333 ; 1 East, Pl. Cr. 139. If any assistance be given to the traitor, it makes the party a principal, as there are no accessories in treason.
Positive misprision consists in the com mission of something which ought not to be done. 4 Bla. Com. c. 9.
It is the duty of every good citizen, know ing of a treason or felony having been com mitted, to inform a magistrate. Silently
to observe the commission of a felony, with out using any endeavors to apprehend the offender, is a misprision. 1 Russ. Cr. 43; 1 Bish. Cr. L. § 720 ; Hawk. Pl. Cr. c. 59, s. 6 ; 4 Bla. Com. 119.
In Coke's time the term had got an ex tended meaning ; it was not merely a crime of omission, but a crime of commission (3 Inst. 139). In this latter sense it was a vague offence which covered many and vari ous offences. 3 Holdsw. Hist. E. L. 312. At present it is the passive omission to do one's duty—to stand by and make no attempt to apprehend the offender or give information to the police. The least degree of assent makes the person a principal in treason, or in felonies a principal or accessory. Odger C. L. 201.
Misprisions which are merely positive are denominated contempts or high misdemean ors : as, for• example, dissuading a witness from giving evidence. 4 Bla. Com. 126.