Simone Lawson
The US Constitution grants freedom and rights to citizens and outlines the government's structure and order. Interestingly, only three crimes are directly mentioned in the document: treason, piracy, and aiding the escape of a death row prisoner. While other crimes like murder and robbery are not explicitly listed, they are still considered federal offences and are punishable by law.
| Characteristics | Values |
|---|---|
| Number of Crimes Mentioned | 3 |
| Crime 1 | Treason |
| Crime 2 | Piracy |
| Crime 3 | Giving aid and comfort to enemies of the country |
| Punishment for Treason | Death |
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What You'll Learn
Treason
> "Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort."
This means that treason can be committed by either levying war against the United States or by aiding its enemies. The definition of "levying war" has been interpreted by the Supreme Court to mean the actual waging of war. This requires an assemblage of men for a treasonable purpose. However, Chief Justice Marshall emphasised that there need not be an appearance of arms against the country, but rather that there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war.
The Constitution also outlines the requirements for conviction:
> No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
This means that two witnesses must testify to the same act that gave aid and comfort to the enemy, or the defendant must confess in open court. The Cramer Court clarified that the defendant's intent must be evident from the acts themselves, and that the acts must have actually aided the enemy. The Constitution also narrowed the scope of punishment for treason compared to English common law.
The Treason Clause is designed to protect core individual rights, especially freedom of expression and dissent. It ensures that treason cannot be proven by expressive activities or traitorous thoughts alone.
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Piracy
The United States Code defines "corroboration with pirates" in detail, outlining several specific actions that constitute this offense. These actions include attempting to corrupt commanders, masters, officers, or mariners to surrender or flee with goods, turning pirate, trading with known pirates, and supplying or corresponding with pirates. The punishment for conviction under these piracy laws can include fines, prison sentences of up to three years, or a combination of both.
While the definition and punishment for piracy are clear, the evolution of transportation and technology raises questions about the future of piracy laws. It remains to be seen how legal definitions of piracy will adapt to new forms of transportation and technological advancements. As international piracy continues to evolve, it may become a growing trend, emphasizing the importance of staying informed about the latest laws and definitions surrounding this crime.
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Defining and punishing felonies committed at sea
The US Constitution grants Congress the authority to define and punish piracies and felonies committed at sea, as well as offences against the law of nations. This power is derived from Article I, Section 8 of the Constitution, which states:
> "The Congress shall have Power... To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations".
The inclusion of this clause in the Constitution was influenced by the Revolutionary War, during which Congress acknowledged the law of nations and professed obedience to it. The Articles of Confederation further emphasised the importance of addressing crimes at sea by granting Congress exclusive power over the trial of piracies and felonies committed in these waters.
The phrase "law of nations" in the Offences Clause refers to customary international law, which Congress can use as a basis for legislation. The Constitution also empowers Congress to implement treaties, but this requires invoking additional authorities, such as the commerce power or the Article II treaty power.
The power to define and punish felonies committed at sea is significant because it ensures uniformity in the punishment of crimes. As James Madison stated during the debate over the inclusion of this clause, "felony at common law is vague", and allowing felonies to be defined by English or state law would result in inconsistent punishments for the same offence. By vesting the power to define and punish felonies at sea in the national legislature, the Constitution ensures consistent treatment of these crimes.
The Crimes Act of 1790, which was passed by the First Congress, provides additional insight into Congress's constitutional power over federal judiciary matters. This act prescribed death as the exclusive punishment for crimes such as treason, counterfeiting, wilful murder, piracy, and robbery on the high seas.
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The death penalty for treason
The US Constitution defines treason as levying war against the United States or adhering to their enemies, giving them aid and comfort. The Constitution does not specify the punishment for treason, but it does state that no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted.
The death penalty is one of the punishments for treason under US law. The penalty for treason is death, or life imprisonment without the possibility of parole. In some states, a person convicted of treason may become eligible for parole after serving a certain number of years. Additionally, a person convicted of treason forfeits the right to hold public office in the United States and loses their voting rights for life.
Treason is a grave allegation that can have serious consequences for an individual's reputation, career, and freedom. It is important for anyone accused of treason to seek qualified legal counsel to review all the details and develop a defense strategy to protect their legal rights.
In addition to treason, the US Constitution also mentions the crimes of piracy and felonies committed on the high seas. Congress has created laws to punish these crimes, which can include life imprisonment.
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The trial of crimes
The US Constitution outlines the trial procedure for crimes committed, except in cases of impeachment. The trial of all crimes must be held in the state where the crimes were committed. However, if the crime was not committed within any state, the trial will be held at a place directed by Congress.
The Constitution mentions that the trial of all crimes shall be by jury. This is further supported by the Judiciary Act of 1789, which states that the trial of crimes created by the Crimes Act would be under the original jurisdiction of circuit courts.
Treason is one of the three crimes explicitly mentioned in the Constitution, and it is defined as levying war against the United States or aiding their enemies. The punishment for treason is death, and a conviction requires the testimony of two witnesses to the same overt act or a confession in open court.
Piracy, or "Piracies and Felonies committed on the high Seas", is another crime mentioned in the Constitution. Congress has the power to define and punish these acts.
The third crime mentioned is counterfeiting, which is considered a capital offense.
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