Infamous Crime
Whether a crime is "infamous" is determined by the nature of the punishment that may be imposed, not the punishment that is actually imposed; however, crimes punishable by death must be tried upon indictments. In United States v. Moreland, 258 U.S. 433 (1922), the Supreme Court held that incarceration in a prison or penitentiary, as opposed to a correction or reformation house, attaches infamy to a crime. In Mackin v. United States, 117 U.S. 348 (1886), the Supreme Court judged that "'Infamous crimes' are thus, in the most explicit words, defined to be those 'punishable by imprisonment in the penitentiary.'", while it later in Green v. United States 365 U.S. 165 (1957), stated that "imprisonment in a penitentiary can be imposed only if a crime is subject to imprisonment exceeding one year". Therefore an infamous crime is one that is punished by imprisonment for over one year. Former defense attorney and Professor of Law at the University of Dayton School of Law Susan Brown concluded: "Since this is essentially the definition of a felony, infamous crimes translate as felonies."
Read more about this topic: Fifth Amendment To The United States Constitution
Famous quotes containing the words infamous and/or crime:
“The principal office of history I take to be this: to prevent virtuous actions from being forgotten, and that evil words and deeds should fear an infamous reputation with posterity.”
—Tacitus (c. 55–c. 120)
“There is no society known where a more or less developed criminality is not found under different forms. No people exists whose morality is not daily infringed upon. We must therefore call crime necessary and declare that it cannot be non-existent, that the fundamental conditions of social organization, as they are understood, logically imply it.”
—Emile Durkheim (1858–1917)