Compounding a felony

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 hamper the prosecution of, a felony.[1] The word "compound," in this context, means to come to a settlement or agreement.[2]

It is not compounding for the victim to accept an offer to return of stolen property or restitution as long as there is no agreement not to prosecute.

Under the common law compounding a felony was punishable as a misdemeanor although many states have enacted statutes that punish the offense as a felony. Compounding a misdemeanor is not a crime. However, an agreement not to prosecute a misdemeanor is unenforceable as being contrary to public policy.[3]

It has been abolished in England and Wales,[4] in Northern Ireland,[5] in the Republic of Ireland,[6] and in New South Wales.[7] In each of these cases it has been replaced by a statutory offence.

See also

References

  1. ^ Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 576.
  2. ^ http://www.thefreedictionary.com/compound
  3. ^ Boyce & Perkins, Criminal Law, 3rd ed. (1992) at 578.
  4. ^ The Criminal Law Act 1967 (c.58), section 5(5)
  5. ^ The Criminal Law Act (Northern Ireland) 1967 (c.18) (N.I.), section 5(5)
  6. ^ The Criminal Law Act 1997 (No.14), section 8(3)
  7. ^ The Crimes Act 1900, section 341 [1]

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  • compounding a felony — The decision by a victim of a crime to not prosecute the crime (by refusing to cooperate with the police or prosecuting attorney) or to hamper the prosecution, in exchange for money payment or other recompense. Compounding is a crime. Category:… …   Law dictionary

  • compounding of felony — See compounding crime …   Black's law dictionary

  • compounding of felony — See compounding crime …   Black's law dictionary

  • felony — fel·o·ny / fe lə nē/ n pl nies: a crime that has a greater punishment imposed by statute than that imposed on a misdemeanor; specif: a federal crime for which the punishment may be death or imprisonment for more than a year see also attainder,… …   Law dictionary

  • 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,[1] and in Northern Ireland.[2]… …   Wikipedia

  • Felony — For other uses, see Felony (disambiguation). Criminal law …   Wikipedia

  • compounding crime — consists of the receipt of some property or other consideration in return for an agreement not to prosecute or inform on one who has committed a crime. There are three elements to this offense at common law, and under the typical compounding… …   Black's law dictionary

  • compounding crime — consists of the receipt of some property or other consideration in return for an agreement not to prosecute or inform on one who has committed a crime. There are three elements to this offense at common law, and under the typical compounding… …   Black's law dictionary

  • compounding a crime — n. The offense committed by a victim of a crime when he or she fails to report or prosecute the offender or agrees to hamper prosecution in exchange for a bribe, act of atonement, or making of amends by the criminal. In some states, it is not a… …   Law dictionary

  • Compounding — Compound Com*pound (k[o^]m*pound ), v. t. [imp. & p. p. {Compounded}; p. pr. & vb. n. {Compounding}.] [OE. componen, compounen, L. componere, compositum; com + ponere to put set. The d is excrescent. See {Position}, and cf. {Compon[ e]}.] 1. To… …   The Collaborative International Dictionary of English

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