Legal Definitions - positive misprision

Positive misprision refers to an active act of concealing a serious crime (typically a felony or treason) or a deliberate failure by a public official to perform a duty, particularly one involving reporting or preventing a crime. It goes beyond simply knowing about a crime and remaining silent; it involves taking affirmative steps to hide the offense or actively obstructing justice.

Here are some examples to illustrate this concept:

• Concealing Physical Evidence: Imagine a scenario where a person witnesses their neighbor commit a felony, such as a serious assault. Instead of reporting it, the witness actively helps the neighbor clean up the crime scene, disposing of the weapon used and any bloody clothing in a remote location. This action would be considered positive misprision because the individual didn't just stay silent; they *actively* participated in destroying and hiding evidence, thereby obstructing the investigation and concealing the felony.

• Providing False Information to Law Enforcement: Consider a situation where an individual knows their friend has committed a significant fraud. When questioned by police about their friend's whereabouts and activities during the time of the crime, the individual deliberately provides a false alibi, claiming they were with their friend at a different location, even though they know this is untrue. This constitutes positive misprision because the individual actively lied to law enforcement, providing false information to mislead the investigation and protect the perpetrator, rather than simply remaining silent.

• Deliberate Inaction by a Public Official: Picture a prison guard who observes an inmate committing a severe assault on another inmate. Instead of intervening or reporting the incident as required by their duty, the guard deliberately turns their back, pretends not to see anything, and later falsifies their shift log to omit any mention of the event. This is positive misprision because the guard, a public official with a duty to maintain order and report crimes, not only failed to act but also actively took steps (falsifying records) to conceal the felony and obstruct justice.