Legal Definitions - positive misprision

Definition: Positive misprision is a legal term that refers to a situation where someone unintentionally fails to report a crime or wrongdoing, but their failure to report actually benefits the victim or society as a whole.

For example, if a person witnesses a drug dealer selling drugs to a known addict, but instead of reporting it to the police, they intervene and convince the addict to seek help for their addiction, this would be considered positive misprision. Although the witness did not report the crime, their actions ultimately helped the victim (the addict) and benefited society by reducing drug use.

Another example of positive misprision could be a doctor who discovers that their patient is engaging in illegal activity, but instead of reporting it to the authorities, they use their medical expertise to help the patient overcome their addiction or mental health issues.

These examples illustrate how positive misprision can be a gray area in the law, as it involves a failure to report a crime, but with good intentions and ultimately positive outcomes.