felony

/ˈfɛləni/·noun·c. 1225·Established

Origin

Old French 'felonie,' from 'felon' (wicked person, traitor) — a category of grave crime originally d‌​‍​‍​‍​‍​‍​‌​‍​‍​‍​‌​‍​‍​‌​‌​‌​‌​‌​‍​‍​‌​‍​‍​‍​‍​‌​‌​‍​‌​‍​‌​‌efined by forfeiture of property and life.

Definition

In common law, a crime regarded as more serious than a misdemeanour, typically involving violence an‌​‍​‍​‍​‍​‍​‌​‍​‍​‍​‌​‍​‍​‌​‌​‌​‌​‌​‍​‍​‌​‍​‍​‍​‍​‌​‌​‍​‌​‍​‌​‌d originally punishable by forfeiture of land and goods, and often by death; in modern US law, a crime punishable by imprisonment for more than one year.

Did you know?

The English adjective 'fell' — meaning fierce, savage, or terrible, as in 'one fell swoop' — is a sibling of 'felony.' Both come from Old French 'felon' (wicked, cruel). Shakespeare used 'fell' frequently to mean ruthlessly cruel; the same root underlies the legal category of the most serious crimes.

Etymology

Old French13th centurywell-attested

From Old French 'felonie' (wickedness, villainy, treachery), from 'felon' (wicked person, traitor, villain), from Medieval Latin 'fello' or 'felo' (villain, traitor). The ultimate origin is disputed: it may come from Frankish *fillo (one who flays or whips), from *fillan (to flog), or from Latin 'fel' (gall, bile — the seat of bitterness and treachery in ancient physiology). The 'fel' etymology connects to PIE *bhel- (bile, gall) and to the idea that the felon acts from the bitterest possible motives. Key roots: fel (Latin: "gall, bile — bitterness, treachery (one disputed etymology)").

Ancient Roots

This Word in Other Languages

felon(English (the person who commits a felony))felonious(English)fell(English adjective (fierce, cruel — from the same Old French felon))

Felony traces back to Latin fel, meaning "gall, bile — bitterness, treachery (one disputed etymology)". Across languages it shares form or sense with English (the person who commits a felony) felon, English felonious and English adjective (fierce, cruel — from the same Old French felon) fell, evidence of a shared etymological family.

Connections

See also

felony on Merriam-Webstermerriam-webster.com
felony on Wiktionaryen.wiktionary.org
Proto-Indo-European rootsproto-indo-european.org

Background

Origins

The word 'felony' carries within it a moral judgment as well as a legal classification.‌​‍​‍​‍​‍​‍​‌​‍​‍​‍​‌​‍​‍​‌​‌​‌​‌​‌​‍​‍​‌​‍​‍​‍​‍​‌​‌​‍​‌​‍​‌​‌ Its root, Old French 'felon,' meant not merely a criminal but a wicked person, a traitor — someone who had broken faith in the most fundamental way. The word entered English in the thirteenth century as part of the Anglo-French legal vocabulary imported after the Norman Conquest, and it designated from the outset the most serious category of crime, those offences for which the penalty was not merely punishment but total legal destruction: forfeiture of land, goods, and life.

The origin of Old French 'felon' is one of the genuinely contested etymologies in medieval French scholarship. The leading candidates are two. The first derives it from Medieval Latin 'fello' or 'fellō' (villain, traitor), which appears in Carolingian documents from the ninth century but whose own antecedents are unclear. One proposed Latin source is 'fel' (gall, bile), the substance associated in ancient and medieval physiology with bitterness, spite, and malice — the felon was someone acting from the worst possible inner state, driven by bile. The PIE root behind 'fel' is *bhel- (swelling, bile), which also produced English 'bile' and possibly 'bale' in the sense of evil or sorrow. The second etymology derives 'felon' from Frankish *fillo or *fillan (to flog, to beat), making the felon originally a person subject to flogging — a common punishment — rather than one defined by inner wickedness. Neither etymology is universally accepted.

In English common law, the category of felony had precise consequences. A person convicted of felony forfeited all their real and personal property to the Crown, was attainted (their blood corrupted so they could neither inherit nor transmit property to heirs), and faced, in most cases, death. These consequences distinguished felony sharply from misdemeanour (a lesser offence involving a fine or short imprisonment) and from treason (which had its own still more severe consequences). The specific crimes classified as felonies at common law included murder, manslaughter, rape, robbery, burglary, arson, and theft above a certain value.

Later History

The forfeiture consequences of felony were progressively abolished in England during the nineteenth century — the Forfeiture Act 1870 ended most property forfeiture — and the formal felony/misdemeanour distinction was abolished in England and Wales by the Criminal Law Act 1967. In the United States, however, the distinction persists and is constitutionally significant: felonies are generally crimes punishable by more than one year of imprisonment, and a felony conviction typically carries long-term collateral consequences including loss of voting rights, exclusion from jury service, and restrictions on firearm ownership.

The adjective 'fell,' meaning fierce, cruel, or savage — surviving today mainly in the set phrase 'one fell swoop,' which comes from Shakespeare's Macbeth — is a direct sibling of 'felony,' both tracing back to Old French 'felon' in its adjectival sense of wicked and cruel. The same word, the same root, one preserved in the legal lexicon and the other in poetic English.

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