Also known as:treasonable misdemeanors · treason · misprision
Written by attorneys · grounded in primary & secondary sources — see below
An offense under English law consisting of conduct likely to endanger or alarm the monarch or disturb the public peace in the monarch's presence.
Sources & Authorities· 4 primary sources
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Statutes
Common Law
Restatements
Dictionaries
How it applies
Common Examples
6
Fugitive Extradited for Alarm
Theresa Tucker staged a protest near the monarch that caused widespread alarm during a public appearance. She fled to another jurisdiction. Officials sought her return so the original jurisdiction could prosecute the treasonable misdemeanor.
Officer Faces Impeachment Standard
Tyrone Tran, a civil officer, engaged in conduct near the monarch that risked public disturbance. Investigators examined whether the act qualified as conduct warranting removal proceedings under historical standards.
Ex Post Facto Challenge Rejected
Thaddeus Tran committed an act alarming the monarch. After the conduct, a new statute reclassified similar behavior. The court held the law could not retroactively punish the prior act.
Tanner Thompson's conduct disturbed the peace in the monarch's presence. Federal officials ordered state officers to assist in the investigation. The state declined under anti-commandeering rules.
Printz v. United States521 U.S. 898 (1997)
Due Process Hearing Required
Tara Tran faced charges for an act that alarmed the monarch. The state sought to proceed without a grand jury. The court permitted prosecution by information consistent with due process.
Hurtado v. California110 U.S. 516, 528 (1884)
Confrontation Right Upheld
Tiana Tan was accused of conduct near the monarch that risked public alarm. Prosecutors offered lab reports without live testimony. The court required the analyst to appear for cross-examination.
Melendez-Diaz v. Massachusetts129 S. Ct. 2527 (2009)
Common questions
Frequently Asked
3
What conduct qualifies as a treasonable misdemeanor?+
The offense covers acts likely to endanger or alarm the monarch or disturb the public peace in the monarch's presence under English law.
Supporting sources
How does the term relate to impeachment standards?+
The Constitution permits removal of the President and civil officers upon conviction of treason, bribery, or other high crimes and misdemeanors, a category that historically includes serious misconduct akin to the English concept.
Supporting sources
Does the extradition clause apply to this offense?+
The clause requires delivery of a person charged with treason, felony, or other crime who flees to another state, so a treasonable misdemeanor charge can trigger interstate extradition demands.
410 U.S. 113 (1973)Constitutional Law
…a lesser offense. In a frequently cited passage, Coke took the position that abortion of a woman "quick with childe" is "a great misprision, and no murder."[^maj-24] Blackstone followed, saying that while abortion after quickening had once been considered manslaughter (though not murder), "modern law" took a less severe…