Also known as: infamia · infamis · infamous · legal infamy · infamia iuris
Written by attorneys · grounded in primary & secondary sources — see below
A state of disgrace or loss of civil reputation arising from conviction of a crime involving moral turpitude, fraud, or dishonesty.
Federal agents arrest Ibrahim Iqbal on charges of wire fraud arising from a scheme to falsify invoices. Prosecutors file an information directly in district court without convening a grand jury. The court dismisses the case because the offense carries the stigma of infamy and therefore requires indictment under the Fifth Amendment.
A grand jury subpoenas Ismael Ibrahim, a newspaper reporter, to identify confidential sources who disclosed evidence of public corruption. Ibrahim refuses on the ground that compliance would brand him with infamy among his professional peers. The court quashes the subpoena after balancing the reporter's reputational interest against the government's need for testimony.
Select any source to read its text and confirm it supports the definition.
The House impeaches Ira Irving, a sitting federal judge, for perjury and obstruction. The Senate conducts a trial that could result in removal and permanent disqualification from office. Irving argues that conviction would impose lasting infamy on his professional reputation even after he leaves the bench.
State prosecutors charge Imran Iyer with criminal syndicalism after he delivers a speech advocating unlawful assembly. The defense contends that the statute imposes infamy by labeling political expression as a crime of moral turpitude. The court reverses the conviction because the law sweeps too broadly and attaches undue stigma to protected advocacy.
Police arrest Ike Ingram under a state law criminalizing private consensual conduct. Ingram contends that enforcement of the statute brands him with infamy by attaching moral condemnation to intimate choices. The court upholds the law, finding no fundamental right that would shield the conduct from the resulting reputational consequences.
A jury convicts Idris Ives of a serious state offense carrying the label of infamy. The conviction is reversed on appeal for trial error and the state seeks to retry him. Ives claims the second prosecution compounds the original infamy by forcing him to defend his reputation twice.
Common-law authorities classified crimes involving fraud, dishonesty, or obstruction of justice as infamous. Conviction of such offenses triggered loss of reputation and certain civil disabilities.
Supporting sources
The clause ensures that only a grand jury may initiate prosecution for offenses carrying the special stigma and collateral consequences of infamy. This safeguard prevents government officials from subjecting citizens to the disgrace of serious charges without community review.
Supporting sources
Yes. Black's Law Dictionary notes that conviction of an infamous crime results in loss of reputation or position and historically produced disqualification from voting, holding office, or serving as a witness.
Supporting sources
…the benefit of a cross-examination." Id. , at 165, 87 Eng. Rep., at 585. The question was also debated at length during the infamous proceedings against Sir John Fenwick on a bill of attainder. Fenwick's counsel objected to admitting the examination of a witness who had been spirited away, on the ground that Fenwick had…