Positive misprision is a legal concept that describes a scenario in which an individual unknowingly makes a mistake or error, but the consequence of that mistake is ultimately advantageous or positive. It falls under the category of misprision, which involves the failure to report or reveal a criminal act or wrongdoing. However, in the case of positive misprision, the mistake or error results in a favorable outcome rather than a negative one.
Positive misprision is a legal term that describes 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. In other words, positive misprision occurs when someone witnesses a crime but chooses to take alternative actions that ultimately help the victim and benefit society. For instance, if a person sees a drug dealer selling drugs to a known addict and instead of reporting it to the police, they intervene and persuade the addict to seek help for their addiction, this would be considered positive misprision. Despite not reporting the crime, the witness’s actions ultimately assist the victim (the addict) and contribute to reducing drug use in society. Another example of positive misprision could involve a doctor who discovers that their patient is involved in illegal activities. Instead of reporting it to the authorities, the doctor utilises their medical expertise to aid the patient in overcoming their addiction or mental health issues. These examples demonstrate how positive misprision can be a complex area in the law, as it involves a failure to report a crime but with good intentions and ultimately positive outcomes.
Positive misprision refers to the legal duty to report a crime or provide assistance to law enforcement in the investigation of a crime.
Failing to report a crime under positive misprision can result in criminal charges for obstruction of justice or being an accessory after the fact.
Anyone who has knowledge of a crime and is not involved in the commission of the crime may be required to report it under positive misprision.
There are protections in place for individuals who fear retaliation for reporting a crime, such as anonymous tip lines and whistleblower protections.
While you cannot be prosecuted for the actual crime, you can be prosecuted for failing to report it or for obstructing the investigation.
If you have reason to believe a crime may have been committed, it is best to report it to law enforcement and let them investigate.
There may be exceptions for certain privileged communications, such as those between an attorney and client or a doctor and patient.
While you may not be held directly liable for the crime, you can face legal consequences for failing to report it.
It is always best to err on the side of caution and report any suspicious activity to law enforcement.
The best way to protect yourself is to report any knowledge of a crime to law enforcement and cooperate with their investigation.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/positive-misprision/
- Modern Language Association (MLA):Positive Misprision. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/positive-misprision/.
- Chicago Manual of Style (CMS):Positive Misprision. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/positive-misprision/ (accessed: May 09 2024).
- American Psychological Association (APA):Positive Misprision. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/positive-misprision/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts