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Misprision Of A Felony
Misprision of felony is a form of misprision, and an offence under the common law of England that is no longer active in many common law countries. Where it was or is active, it is classified as a misdemeanor. It consists of failing to report knowledge of a felony to the appropriate authorities. Exceptions were made for close family members of the felon and where the disclosure would tend to incriminate the reporter himself. With the development of the modern law, this crime has been discarded in many jurisdictions, and is generally only applied against persons placed in a special position of authority or responsibility. In this case, the offence of misfeasance in public office or malfeasance in public office may be considered instead. For example, corrections officers who stand idly by while drug trafficking occurs within the prison may be prosecuted for this crime. It has been abolished in: * England, Wales and Scotland, as part of the criminal law reforms that abolished th ...
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Misprision
The term ''misprision'' (from , modern , "to misunderstand") in English law describes certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive. It survives in the law of England and Wales and Northern Ireland only in the term '' misprision of treason''. Negative misprision Negative misprision is the concealment of treason or felony. By the common law of England, it was the duty of every liege subject (vassal) to inform the king's justices and other officers of the law of all treasons and felonies of which the informant had knowledge, and to bring the offender to justice by arrest (see Sheriffs Act 1887, s. 8). The duty fell primarily on the grand jurors of each county borough or franchise (until the abolition of grand juries in 1933), and is performed by indictment or presentment, but it also falls in theory on all other inhabitants. Failure by the latter to discharge this public duty constitutes what is known as ''mispri ...
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Criminal Law Act 1997
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), '' The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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Misprision
The term ''misprision'' (from , modern , "to misunderstand") in English law describes certain kinds of offence. Writers on criminal law usually divide misprision into two kinds: negative and positive. It survives in the law of England and Wales and Northern Ireland only in the term '' misprision of treason''. Negative misprision Negative misprision is the concealment of treason or felony. By the common law of England, it was the duty of every liege subject (vassal) to inform the king's justices and other officers of the law of all treasons and felonies of which the informant had knowledge, and to bring the offender to justice by arrest (see Sheriffs Act 1887, s. 8). The duty fell primarily on the grand jurors of each county borough or franchise (until the abolition of grand juries in 1933), and is performed by indictment or presentment, but it also falls in theory on all other inhabitants. Failure by the latter to discharge this public duty constitutes what is known as ''mispri ...
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Felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "''félonie''") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon. In many common law jurisdictions, such as England and Wales, Ireland, Canada, Australia, and New Zealand, crimes are no longer classified as felonies or misdemeanors. Instead, crimes are classified by mode of trial as indictable offences, triable by jury, which are usually more serious, and summary offences, triable by summary procedure without a jury, which are usually less serious. In some civil law (legal system), civil law jurisdictions, such ...
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Compounding A Felony
Compounding a felony was an offence under the common law of England and was classified as a misdemeanour. It consisted of a prosecutor or victim of an offence accepting anything of value under an agreement not to prosecute, or to hamper the prosecution of, a felony. To "compound", in this context, means to come to a settlement or agreement. It is not compounding for the victim to accept an offer to return stolen property, or to make restitution, as long as there is no agreement not to prosecute. Compounding has been replaced by statutory provision in numerous jurisdictions that recognize common law offences: * England and Wales, replaced with concealing offences or giving false information * Northern Ireland * The Republic of Ireland * New South Wales Compounding a misdemeanor is not an offence at common law. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.Boyce & Perkins, ''Criminal Law'', 3rd ed. (1992) at 578. See also ...
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Tamerlan Tsarnaev
Tamerlan Anzorovich Tsarnaev (; October 21, 1986 – April 19, 2013) ; ; ; was a Russian-born terrorist of Chechens, Chechen and Avars (Caucasus), Avar descent who, with his younger brother Dzhokhar Tsarnaev, planted pressure cooker bombs at the Boston Marathon on April 15, 2013. Boston Marathon bombing, The bombings killed three spectators and injured 264 others. Shortly after the Federal Bureau of Investigation released images of the Tsarnaev brothers in connection with their investigation of the Boston Marathon bombings, the brothers killed an Massachusetts Institute of Technology Police Department, MIT policeman, carjacking, carjacked an Sport utility vehicle, SUV, and engaged in a shootout with the police in the Boston suburb of Watertown, Massachusetts, Watertown. During the shootout, Tamerlan was captured but died, partly as a result of his brother driving over him. A Massachusetts Bay Transportation Authority Police, MBTA police officer was critically injured by friend ...
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Dzhokhar Tsarnaev
Dzhokhar Anzorovich "Jahar" Tsarnaev (born July 22, 1993) is an American domestic terrorist of Chechen and Avar descent who, along with his older brother, Tamerlan Tsarnaev, planted pressure cooker bombs near the finish line of the Boston Marathon on April 15, 2013. The bombs detonated, killing three people and injuring 264 others. On April 18, 2013, the FBI released images of the Tsarnaev brothers, stated that they were suspects in the bombing, and asked the public for help in identifying them. Later that evening, MIT Police Officer Sean Collier was found killed in his car, shot by the brothers. During an ensuing shootout with police, Dzhokhar and Tamerlan were both injured. Tamerlan soon died from his injuries. On the evening of April 19, after thousands of police officers conducted a manhunt in Watertown, Massachusetts, Dzhokhar Tsarnaev was found hiding in a boat in the backyard of a resident. Tsarnaev was shot and taken into custody. During an interrogation in his hosp ...
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Sarbanes–Oxley Act
The Sarbanes–Oxley Act of 2002 is a United States federal law that mandates certain practices in financial record keeping and reporting for corporations. The act, , also known as the "Public Company Accounting Reform and Investor Protection Act" (in the Senate) and "Corporate and Auditing Accountability, Responsibility, and Transparency Act" (in the House) and more commonly called Sarbanes–Oxley, SOX or Sarbox, contains eleven sections that place requirements on all American public company boards of directors and management and public accounting firms. A number of provisions of the Act also apply to privately held companies, such as the willful destruction of evidence to impede a federal investigation. The law was enacted as a reaction to a number of major corporate and accounting scandals, including Enron and WorldCom. The sections of the bill cover responsibilities of a public corporation's board of directors, add criminal penalties for certain misconduct, and ...
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Codification (law)
In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code, i.e. a codex (book) of law. Codification is one of the Civil law (legal system)#Codification, defining features for most civil law jurisdictions. In common law systems, such as that of English law, codification is the process of converting and consolidating judge-made law or uncodified statutes enacted by the legislature into statute law. History Ancient Sumer's Code of Ur-Nammu was compiled ''circa'' 2050–1230 BC, and is the earliest known surviving civil code. Three centuries later, the Babylonian king Hammurabi enacted the Code of Hammurabi, set of laws named after him. Important codifications were developed in the ancient Roman Empire, with the compilations of the ''Twelve Tables, Lex Duodecim Tabularum'' and much later the ''Corpus Juris Civilis''. These codified laws were the exceptions rather than the rule, however, as du ...
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Crimes Act Of 1790
The Crimes Act of 1790 (or the Federal Criminal Code of 1790), formally titled ''An Act for the Punishment of Certain Crimes Against the United States'', defined some of the first Federal crime in the United States, federal crimes in the United States and expanded on the United States criminal procedure, criminal procedure provisions of the Judiciary Act of 1789.Taylor, 2010, at 889. The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes".Currie, 1994, at 828. As an enactment of the 1st United States Congress, First Congress, the Crimes Act is often regarded as a quasi-constitutional text. The punishment of treason, piracy, Counterfeit money, counterfeiting, as well as crimes committed on the high seas or against the law of nations, followed from relatively explicit constitutional authority. The creation of crimes within areas under exclusive federal jurisdiction followed from the plenary power of Congress over the "Washington, D.C., Seat ...
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Law Of The United States
The law of the United States comprises many levels of Codification (law), codified and uncodified forms of law, of which the supreme law is the nation's Constitution of the United States, Constitution, which prescribes the foundation of the federal government of the United States, federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Act of Congress, Acts of Congress, treaty, treaties ratified by the United States Senate, Senate, regulations promulgated by the executive branch, and case law originating from the United States federal courts, federal judiciary. The United States Code is the official compilation and Codification (law), codification of general and permanent federal statutory law. The Constitution provides that it, as well as federal laws and treaties that are made pursuant to it, preempt conflicting state and territorial laws in the 50 U.S. states and in the territor ...
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Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which for federal crimes, also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the '' Commonwealth Crimes Act 1914'' ...
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