Definition of an infamous crime

Answer 1

A crime which works infamy in the person who commits it. 189 S.E. 441. At common law, any infamous crime was one that rendered the person convicted thereof incompetent as a witness. 4 N.Y. Cr. R. 545, 546. This was based on the theory of untrustworthiness whereby a testimonial disqualification was imposed to prevent the introduction of evidence thought not entitled to credence. In this sense, infamous crimes comprehended treason, felonies and any crime involving the element of deceit 23 F. 136, 137 and examined the nature of the crime rather than the nature of the punishment inflicted. The modern view of infamous crimes, which under Art. V of the Constitution must be prosecuted by indictment, is any crime that is punishable by death or imprisonment in a state penal institution, with or without hard labor for more than one year. See 604 F. 2d 569, 572. Under this view, it is determined by the nature of the punishment, which a court is authorized to impose, and not by the character of the crime. The common law procedure of excluding witnesses because of prior infamous convictions is no longer followed, although such convictions may affect the credibility of the witness. See 182 A. 2d 15, 16.