Saturday, April 9, 2011

Infamy

At the common law, any criminal or vicious conduct which implies wickedness or character as well as violation of law and involves the guilty person in disgrace.  An infamous crime is any felony or a misdemeanor involving moral turpitude, and has been defined to mean an offense punishable by severe penalties. 

At the Roman or Civil law, infamy was a status, which carried with it a number of legal and civil incapacities, eg., that of making a will or appearing as a witness or of holding public office. Infamy was attached to  engaging in certain occupations regarded as disgraceful, such as that of actor or mountebanks; and was likewise the result of conviction of certain crimes or being cast in suits involving fraud.

The canon law concept of infamy was based on that of the civil law.  As long as wills were probated in a cannon law court, the disabilities of infamy, ie., testamentary incapacity as well as incapacity as a witness, were important results of the status.  By cannon law persons found to be heretics were treated as infamous.

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