united-states constitutional-law
How has James Madison&#39;s term &#39;infamous crime&#39; typically been defined?
<p>James Madison in his speech to Congress in regards to what eventually would become the 5th amendment talked about 'infamous' crimes and how they should  be handled. As far as I know he did not define what an infamous crime exactly is.</p>

<p>So, how exactly was term defined when the specific definition was required?</p>

<p>Under current law, <strong>an &quot;infamous&quot; crime, for the purposes of the Fifth Amendment, is one which carries a sentence of imprisonment for more than one year, or death.</strong>  In other words, &quot;infamous crime&quot; is now a synonym for &quot;felony&quot;.</p>
<p>For context, the Fifth Amendment reads:</p>
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<p>No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury [...]</p>
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<p>So the definition of &quot;infamous&quot; would control which crimes must be prosecuted by an indictment from a grand jury.</p>
<p>The <a href="https://www.law.cornell.edu/rules/frcrmp/rule_7" rel="noreferrer">Federal Rules of Criminal Procedure, Rule 7</a> describes which crimes must be prosecuted by indictment, and its accompanying notes link this to the &quot;infamous&quot; criterion:</p>
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<p>(a) (1) Felony. An offense (other than criminal contempt) must be prosecuted by an indictment if it is punishable: (A) by death; or (B) by imprisonment for more than one year.</p>
<p>[...]</p>
<p>Note to Subdivision (a). 1. This rule gives effect to the following provision of the Fifth Amendment to the Constitution of the United States: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury * * *”. An infamous crime has been defined as a crime punishable by death or by imprisonment in a penitentiary or at hard labor, Ex parte Wilson, 114 U.S. 417, 427; United States v. Moreland, 258 U.S. 433. Any sentence of imprisonment for a term of over one year may be served in a penitentiary, if so directed by the Attorney General, 18 U.S.C. 753f [now 4082, 4083] (Commitment of persons by any court of the United States and the juvenile court of the District of Columbia; place of confinement; transfers). Consequently any offense punishable by imprisonment for a term of over one year is an infamous crime.</p>
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