Begging The Question

Thursday, September 03, 2009

Time for Footbaw!
For some reason, I'm inordinately excited about the start of college football season this fall. My plan for this weekend is to tailgate at two games and attend at least one.

Feel free to treat this as an open thread, football-related or otherwise.



Monday, August 31, 2009

Statutory Trivia Question: UPDATED with answer
What federal crime is required to be reported to a judge instead of a law enforcement officer?

I'll update this post with the answer later in the week.

UPDATE: I got the guesses I was expecting, perjury and contempt, which are typically crimes against the judicial process, and so one might expect them to be reported to judges. But in some ways, E. McPan had the closest guess, with barratry. Barratry is an old common-law offense.

And so is the answer to my trivia question, treason. I know that's not intuitive, but there is a federal crime called misprision of treason. "Misprision" is basically the offense of knowing about a crime but not reporting it. Most jurisdictions have done away with the concept that one has a duty to report a crime one simply knows about (mere knowledge being short of assisting, criminalized as aiding and abetting or being an accessory). But some retain the crime of "misprision of felony," which is knowing about a felony but not reporting it. Under the federal code, it's a misdemeanor, codified at 18 U.S.C. sec. 4.

Misprision of treason, then, is what it sounds like: knowing about treason but not reporting it. But the misprision of treason statute, 18 U.S.C. sec. 2382, states as follows:
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
So, if you owe allegiance to the United States (we'll save for another day how broad that category is), and know about treason, you have to report it to a judge or the president or governor. And while the misprision of felony statute allows for reporting to any "person in civil or military authority," which I assume would include an ordinary law enforcement officer, the misprision of treason statute requires that treasons be reported to specific authorities, including judges. I suppose my question might be considered a trick question if you think that the president or a governor are "law enforcement officers," given that they're at the head of the executive branch, and kind of at the top of that chain of command. But that makes the question less fun.



Recent Posts

  • Time for Footbaw!
  • Statutory Trivia Question: UPDATED with answer
  • (Wet Your) Whistle While You Work
  • How would you like your meth-tini, sir?
  • The post wherein I ask you to support my point of ...
  • Netbook Thoughts?
  • And now for something completely different
  • And depositions...lots of depositions!
  • Making Sense of Consensus
  • Catching up on All-Request questions


  • Milbarge's links

    How Appealing
    Volokh Conspiracy
    Crescat Sententia
    Sugar, Mr. Poon?
    SCOTUSblog
    E. McPan
    Southern Appeal
    Stay of Execution
    S.W. Va. Law Blog
    CrimLaw
    Sentencing L&P
    Begging to Differ
    Prettier Than Napoleon
    Favorable Dicta
    The Yin Blog
    De Novo
    PG: HtSoM
    Centinel
    Hot Librarian
    Blonde Justice
    Althouse
    PrawfsBlawg
    Concurring Opinions
    Crime & Federalism
    Orin Kerr
    Is That Legal?
    Prof. Bainbridge
    Frolics & Detours
    AppellateLaw&Practice
    Right Coast
    Abstract Appeal
    Clearly Erroneous
    Fresh Pepper?
    Side Salad
    The Wishbone
    Jeremy Blachman
    Overheard/Office
    Naked Drinking Coffee
    Legally Blonde
    Legal Underground
    WSJ Law Blog
    The Slog
    Trivial Pusuits
    Still Angry
    Crooked Timber
    The Conglomerate
    Heldman: Ignatz
    Don't Let's Start
    Screaming Bean
    Heidi Bond
    Stag Blog
    Legal Quandary
    Divine Angst
    ObsessiveLawStudent
    Things Thrown
    The Imbroglio
    Signifying Nothing
    Stuart Buck
    Legal Fiction
    Under. Robes
    NRO's Corner
    New Republic
    Balkinization
    Election Law Blog
    Legal Theory Blog
    Legal Ethics Forum
    Ernie the Attorney
    Intel Dump
    Disability Law
    Bag & Baggage
    Between Lawyers
    Becker-Posner
    Lessig Blog
    Crim Prof Blog
    White Collar Crime
    Tax Prof Blog
    Grits for Breakfast
    All Deliberate Speed
    Adventures of Chester
    College Basketball Blog
    College Football News
    Nomination Nation
    Inter Alia
    Stateline
    The Note
    Wonkette
    The Onion
    Slate
    Atlantic
    RJYH: Fanopticon
    Freakonomics
    Vice Squad
    Indiana Law Blog
    Field of Schemes
    Questionable Content
    Dilbert Blog
    Toothpaste for Dinner
    Pathetic Geek Stories

    AIM: milbargebtq
    Yahoo: btqmilbarge

    Milbarge Recommends

    Chuck Klosterman IV: A Decade of Curious People and Dangerous Ideas
    Chuck Klosterman IV: A Decade of Curious People and Dangerous Ideas

    The Men Who Stare at Goats
    The Men Who Stare at Goats

    O.C.M.S.O.C.M.S.



    Site Feeds

    Subscribe with myFeedster
    Subscribe with Bloglines
    Subscribe with Feed Burner
    Subscribe with Blogstreet

    Search
    Google
    Web BTQ
    Disclaimer

    The views presented here are personal and in no way reflect the view of my employer. In addition, while legal issues are discussed here from time to time, what you read at BTQ is not legal advice. I am a lawyer, but I am not your lawyer. If you need legal advice, then go see another lawyer.

    Furthermore, I reserve (and exercise) the right to edit or delete comments without provocation or warning. And just so we're clear, the third-party comments on this blog do not represent my views, nor does the existence of a comments section imply that said comments are endorsed by me.

    Technical Stuff

    Powered by Blogger
    FeedBurner.com

    Weblog Commenting by HaloScan.com

    Listed on Blogwise
    Blogarama - The Blog Directory
    Creative Commons License
    This work is licensed under a Creative Commons License.



    < A Legally Inclined Weblog >