Infamous crimes (USA)
Under the infamous crimes clause of the Fifth Amendment of the Constitution of the United States of America,
- No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; ...
Some courts have held that the Fifth Amendment is "unincorporated" and inapplicable with respect to cases brought in local or state jurisdictions, as distinguished from "federal" or U.S. Court.
Section 1 of the Fourteenth Amendment holds that
- No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
The law is declared as what "is and ought to be." Unfortunately, lawyers and bar associations have no intention of applying the law as such in the United States, in the present state of general Democratic Party rebellion. Talk to any lawyer: "See, here's the deal: you ain't got no rights."
On the contrary, we feel that any crime carrying adverse lifelong legal consequences upon arrest, accusation, information, indictment or conviction, is, on its face, infamous.
Classes of infamous crimes
The courts quibble to no end over whether or not felonies are always considered infamous crimes; and yet at the same time their fallacious use and imposition of the term "convicted felon" — even for defendants held to answer without the indictment of a grand jury — carries the full weight of all possible infamy that they can impose.
We feel that no one can be considered a "convicted felon" without the indictment of a grand jury.
Again, who or what can be more infamous than a registered sex offender? Yet for the most part the courts totally ignore or evade the Constitutional requirement of indictment by a grand jury in favor of prosecution by information without the due process of an actual indictment by a grand jury.
In the United States, certain crimes, especially in military jurisdictions, are classified as serious crimes even in cases where the term "felony" as such is not used: such crimes are exempt in certain cases (at "court martial") from the general requirement of the indictment of a grand jury for prosecution. We feel that "serious crimes" are always infamous, especially in cases which may result in a dishonorable discharge from the military.
Crimes involving moral turpitude
This a creative term, subject to constructivist interpretation by the courts, which has been held inconsistently to include certain petty misdemeanors, but not to include even such serious offenses as forcible incest. Nevertheless, we feel that any crime said to involve "moral turpitude" is infamous in any case, because that term, again, carries the full weight of infamy that can be imposed by the courts.