Misconduct is wrongful or unlawful behavior. In criminal law, misconduct often refers to official misconduct and sexual misconduct.
[Last updated in May of 2022 by the Wex Definitions Team]
criminal law and procedure
misfeasance
In a legal context, “misfeasance” refers to the improper performance of a lawful act, resulting in harm or injury to another person or entity. It is a term primarily used in tort law, which deals with civil wrongs and the compensation for...
misprision of a felony
Misprision of a felony is a crime at common law involving judicial procedure wherein an individual other than a principal or accessory before the fact fails to disclose or report knowledge that a felony has been committed. 18 U.S. Code § 4...
mistake
In general, a mistake is an error or misconception. This definition also applies in the legal world, but the type of mistake and the circumstances surrounding it decide what legal implications, if any, the mistake will have.
...mistake of fact
A mistake of fact is a mistake about a material factual element or mistaken belief other than a mistake of law. Examples include erroneous beliefs about the meaning of a legal term or about the identity of some person.
In...
mistake of law
A mistake of law is a mistake about the legal effect of a factual situation. Pointing to a mistake of law almost never works as a criminal defense unless the relevant criminal statute requires the state to prove knowledge of the illegality of...
mistrial
A mistrial occurs when a jury is unable to reach a verdict and there must be a new trial with a new jury; or there is a serious procedural error or misconduct that would result in an unfair trial, and the judge adjourns the case without a...
mitigating circumstances
A mitigating circumstance is a factor that lessens the severity of an act or the actor’s culpability for the action. Mitigating circumstances can be found in both criminal and civil cases and may be used to justify a reduction in the severity...
mitigating factor
A mitigating factor, also called a mitigating circumstance or extenuating circumstance, is any fact or circumstance that lessens the defendant’s severity or culpability of a criminal offense. Unlike justification or excuse defenses,...
Model Penal Code (MPC)
The Model Penal Code (or MPC) is a model code assembled by the American Legal Institute that was first promulgated in 1962. Following the MPC’s promulgation, many states’ criminal codes underwent significant reforms, and to this day, many...