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Misprision Of Treason
Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a proper authority. Australia Under Australian law a person is guilty of misprision of treason if he: The maximum penalty is life imprisonment. Canada Under section 50(1)(b) of the Canadian ''Criminal Code'', a person is guilty of an offence (although it is not described as misprision) if: The maximum penalty is 14 years. Republic of Ireland Under section 3 of the Treason Act 1939 a person is guilty of misprision of treason if "knowing that any act the commission of which would be treason is intended or proposed to be, or is being, or has been committed, edoes not forthwith disclose the same, together with all particulars thereof known to him, to a Justice of the District Court, or an officer of the Gárda Síochána, or some other ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Reserved Matters (Westminster)
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national assemblies of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the Parliament retains exclusive power to legislate. The devolved administrations in Scotland, Wales and Northern Ireland have been granted power by the Parliament under their respective legislators in all areas except those which are reserved (or excepted in the case of Northern Ireland). However, because the Parliament acts with sovereign supremacy, it is still able to pass legislation for all parts of the United Kingdom, including in relation to devolved matters. Devolution of powers within the United Kingdom The devolution of powers are set out in three main acts legislated by the UK Parliament for each of the devolved governments in Scotland, Wales and Northern Ireland. The acts also include su ...
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Compounding Treason
Compounding treason is an offence under the common law of England. It is committed by anyone who agrees for consideration to abstain from prosecuting the offender who has committed treason. It is still an offence in England and Wales, and in Northern Ireland. It has been abolished in the Republic of Ireland.The Criminal Law Act 1997 (No.14), section 8(3) In 1977, the Law Commission recommended that the offence should be abolished for England and Wales and for Northern Ireland. See also * Compounding a felony * High treason in the United Kingdom * Misprision of treason Misprision of treason is an offence found in many common law jurisdictions around the world, having been inherited from English law. It is committed by someone who knows a treason is being or is about to be committed but does not report it to a p ... References *The Law Commission (1977). Treason, Sedition and Allied Offences (Working Paper No.72), paragraphs 6, 43, 67 and 96(5BAILII{{reflist Common law offenc ...
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Treason
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor. Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason (i.e. disloyalty) against one's monarch was known as ''high treason'' and treason against a lesser superior was ''petty treason''. As jurisdictions around the world abolished petty treason, "treason" came to refer to what was historically known as high treason. At times, the term ''traitor'' has been used as a political epithet, regardless of any verifiable treasonable action. In a civil war or ...
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Misprision Of 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 him of that offence or another. 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 a ...
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Misprision
Misprision (from fro, mesprendre, modern french: se méprendre, "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 i ...
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California Office Of Legislative Counsel
The California Office of Legislative Counsel (OLC) (officially the Legislative Counsel Bureau) was founded in 1913 and is a nonpartisan public agency that drafts legislative proposals, prepares legal opinions, and provides other confidential legal services to the Legislature and others. The Bureau also provides computer services, data networking, and related customer services to the Legislature, all while hosting the state'official websitewhere every statute contained within the Codes of California is published. The head of the Bureau, known as the Legislative Counsel, is appointed by a vote of the entire Legislature. The OLC is separate from the California Legislative Analyst's Office The Legislative Analyst's Office (LAO), located in Sacramento, California, is a nonpartisan government agency that has provided fiscal and policy advice to the California Legislature since 1941. The office is known for analyzing the state budget ..., which reports only to the Joint Legislative ...
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Federal Prison
A federal prison is operated under the jurisdiction of a federal government as opposed to a state or provincial body. Federal prisons are used for convicts who violated federal law (U.S., Mexico), inmates considered dangerous (Brazil), or those sentenced to longer terms of imprisonment (Canada). Not all federated countries have a legal concept of "federal prison". Australia The Australian federal government does not directly control most prisons or detention facilities. There are a relatively small number of federal detention facilities, consisting of military detention facilities (such as the Defence Force Correctional Establishment), immigration detention facilities, and holding cells in Australian Federal Police stations in some territories. The vast majority of criminal prosecutions in Australia take place within state or territory court systems under state or territory law, however a relatively small number of prosecutions in state and federal courts occur under federal ...
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Judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial p ...
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Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political region or polity, a ''governor'' may be either appointed or elected, and the governor's powers can vary significantly, depending on the public laws in place locally. The adjective pertaining to a governor is gubernatorial, from the Latin root ''gubernare''. Ancient empires Pre-Roman empires Though the legal and administrative framework of provinces, each administrated by a governor, was created by the Romans, the term ''governor'' has been a convenient term for historians to describe similar systems in antiquity. Indeed, many regions of the pre-Roman antiquity were ultimately replaced by Roman 'standardized' provincial governments after their conquest by Rome. Plato used the metaphor of turning the Ship of State with a rudder; the Latin ...
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Federal Judge
Federal judges are judges appointed by a federal level of government as opposed to the state/provincial/local level. United States A US federal judge is appointed by the US President and confirmed by the US Senate in accordance with Article 3 of the Constitution. The US Supreme Court currently has 9 justices. The judges of 13 circuit courts of appeals and 94 federal circuit courts are also appointed by the president and are therefore also "federal judges" (or Article III judges). Federal judges in the United States are appointed for life (impeachment through the US Congress is possible). For 2018, Article III judges include 807 judges: 9 in the Supreme Court, 179 in the district courts of appeal, 673 in the federal district courts, and 9 judges in the federal court of international trade. As of June 2021, there are nearly 700 federal judges in the United States. Russia The judicial system of the Russian Federation does not define the concept of “federal judge”, but ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces. The power of the presidency has grown substantially since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasingly strong role in American political life since the beginning of the 20th century, with a notable expansion during the presidency of Franklin D. Roosevelt. In contemporary times, the president is also looked upon as one of the world's most powerful political figures as the leader of the only remaining global superpower. As the leader of the nation with the largest economy by nominal GDP, the president possesses significant domestic and international hard and soft power. Article II of the Constitution establ ...
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