Written by attorneys · grounded in primary & secondary sources — see below
A historical legal procedure by which a person reveals or brings to justice a concealed offense. The action focuses on disclosure that leads to formal judgment rather than on the underlying conduct itself.
Sources & Authorities· 14 primary sources
Select any source to read its text and confirm it supports the definition.
Statutes
Model Codes
Common Law
How it applies
Common Examples
6
Investigator Uncovers Dwelling Fire
Adrian Aguilar, a claims adjuster, examined burn patterns on the wooden door of Audrey Ashton's apartment and recognized the charring of fibers as evidence of intentional ignition. He reported the findings to authorities, triggering an investigation that established the four common-law elements of the offense. The disclosure brought the perpetrator to judgment.
Witness Reveals Reckless Ignition
Amelia Amari observed Aaron Adams ignite materials adjacent to an occupied structure during a robbery attempt. She disclosed the details to prosecutors, who used the evidence to establish the extreme indifference required for the homicide charge. The revelation resulted in formal charges.
Anita Ali reviewed records showing that Adam Anderson had doubled coverage shortly before starting a fire aimed at a building. She reported the purpose of collecting proceeds, prompting authorities to file the second-degree felony charge. The disclosure led directly to indictment.
Prosecutor Reveals Sentencing Fact
Atlas Ventures' counsel uncovered prior conduct by a defendant that increased the applicable penalty range. The disclosure was presented to the court, which required jury determination of the fact before imposing the enhanced sentence. The revelation ensured proper judgment.
Apprendi v. New Jersey530 U.S. 466 (2000)
Agent Discloses Structure Use
Argonaut Shipping's investigator examined an owner-occupied residence and confirmed it lacked commercial activity. The report disclosed the absence of interstate-commerce use, leading the court to dismiss the federal arson charge. The revelation produced the correct judgment.
United States v. Jones529 U.S. 848 (2000)
Witness Exposes Cross Burning
Apex Dynamics' employee observed the intentional burning of a cross on private property and reported the threatening circumstances. Authorities used the disclosure to evaluate whether the conduct constituted unprotected intimidation. The revelation resulted in prosecution.
Virginia v. Black538 U.S. 343 (2003)
Common questions
Frequently Asked
3
What does the term abarnare require for liability?+
The term requires an affirmative act of detection or disclosure that brings a concealed offense to judgment. Mere knowledge without revelation is insufficient.
Supporting sources
Is abarnare limited to particular crimes?+
The term applies to any secret crime and is not restricted to specific offenses such as arson or burglary.
Supporting sources
Does abarnare require the discloser to be a public official?+
The term imposes no such requirement. Any person who detects and discloses the offense may perform the action.
Supporting sources
478 U.S. 186 (1986)Constitutional Law
…comparable in terms of the possible sentence imposed to serious felonies such as aggravated battery, § 16-5-24, first-degree arson, § 16-7-60, and robbery, § 16-8-40.[^maj-1] In this case, however, respondent has not been tried, much less convicted and sentenced.[^maj-2] Moreover, respondent has not raised the Eighth…