Also known as: infamous crime · crimes of infamy
Written by attorneys · grounded in primary & secondary sources — see below
A category of serious criminal offenses that at common law involved fraud, dishonesty, or obstruction of justice and that under the Fifth Amendment require prosecution by grand jury indictment. Modern statutes and decisions have expanded the category to encompass most felonies. Conviction of an infamous crime can trigger collateral consequences such as loss of voting rights, disqualification from public office, or impeachment of a witness.
Federal prosecutors charge Idina Iverson with embezzling corporate funds. They file an information rather than seeking a grand jury indictment. The district court dismisses the case because embezzlement qualifies as an infamous crime that must be initiated by presentment or indictment.
Isabelle Inman, convicted of larceny in state court, attempts to register to vote. State officials deny her application under a constitutional provision barring persons convicted of infamous crimes. She sues, arguing the disqualification violates equal protection because the underlying offense does not involve moral turpitude.
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Imran Iyer is tried for robbery, an infamous crime, and convicted. The state appeals and obtains a retrial on the same facts. Iyer moves to dismiss on double-jeopardy grounds, claiming the second prosecution places him twice in jeopardy for the same infamous offense.
Igor Ito is convicted of possessing a large quantity of cocaine, classified as an infamous crime. The court imposes a mandatory life sentence without parole. Ito challenges the sentence as cruel and unusual, arguing that the nature of the infamous offense does not justify such punishment.
Isaac Irving is prosecuted for stealing government property, an infamous crime. The government offers evidence of the taking but no direct proof of intent. The defense moves for acquittal, contending that the elements of an infamous offense require proof of mens rea beyond the mere act.
Iris Irons, a minor, is charged with armed robbery, an infamous crime. The state seeks to transfer the case to adult court. Defense counsel argues that the juvenile system must afford the same grand-jury protections required for infamous crimes before any transfer can occur.
At common law, infamous crimes included offenses involving fraud, dishonesty, or obstruction of justice. Modern authorities have broadened the category to cover most felonies.
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The Fifth Amendment requires that infamous crimes be prosecuted by grand jury indictment or presentment. This procedural safeguard ensures that serious charges receive independent review before a person is held to answer in federal court.
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Conviction may result in loss of the right to vote, disqualification from public office or jury service, disbarment of attorneys, and impeachment of the convicted person as a witness.
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The Fifth Amendment grand-jury clause has not been incorporated against the states. States may therefore prosecute infamous crimes by information or complaint rather than by indictment.
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…to the right of suffrage, and prohibits denying to any person the suffrage to which he is entitled except upon conviction of an infamous crime. Art. I, § 5; Art. IV, § 1. It requires an enumeration of qualified voters within every term of ten years after 1871 and an apportionment of representatives and senators among the several…