Keith Mack
Treason is a rare but very serious crime, defined by the Oxford English Dictionary as the crime of betraying one's country, especially by attempting to kill or overthrow the sovereign or government. The word treason is derived from the Latin tradere, meaning to deliver or hand over. In the United States, treason is defined on the federal level as levying war against [the United States], or adhering to their enemies, giving them aid and comfort. In English common law, treason was punishable by hanging, drawing and quartering (for men) or burning at the stake (for women). While the specific legal definitions of treason vary by country and legal tradition, it is generally understood as a crime of betraying one's nation or government.
| Characteristics | Values |
|---|---|
| Definition | Treason is a rare but very serious crime |
| It involves betraying the allegiance one owes to one's nation | |
| It is the only crime expressly defined by the US Constitution | |
| It applies only to Americans | |
| It is similar to seditious conspiracy, insurrection or rebellion, misprision of treason, and espionage | |
| In Australia, treason is defined as causing harm to the Sovereign, the Governor-General or the Prime Minister | |
| It can also be defined as levying war against the government or assisting an enemy of the government | |
| Punishment | Death |
| Imprisonment | |
| Fine | |
| Ineligibility to hold public office | |
| In the UK, treason was punishable by being hanged, drawn and quartered (men) or burnt at the stake (women) | |
| In the US, the minimum penalties are five years' imprisonment and a $10,000 fine | |
| In Washington, treason is punishable by life imprisonment with the possibility of parole after 20 years, or any term of years | |
| Requirements for conviction | Two witnesses to the same overt act |
| Confession in open court | |
| In the US, the Treason Clause prohibits "corruption of blood" or "forfeiture" beyond the life of the person convicted |
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What You'll Learn
What constitutes treason?
Treason is a rare but very serious crime. The word "treason" is derived from the Latin "tradere", meaning "to deliver or hand over". It is a unique offence as it is the only crime expressly defined by the US Constitution. The Constitution's framers included the Treason Clause to guard against the historic use of treason prosecutions by repressive governments to silence otherwise legitimate political opposition.
In the United States, treason is defined on the federal level as:
> Levying war against [the United States], or adhering to their enemies, giving them aid and comfort.
This definition is mirrored in most state constitutions, specifically limited to levying war against the state, adhering to the enemies of the state, or aiding the enemies of the state. The federal treason statute, 18 U.S.C. § 2381, imposes minimum penalties of five years' imprisonment and a $10,000 fine. A conviction bars the defendant from holding any federal office and carries the possibility of the death penalty.
Levying war does not require a formal declaration of war. It includes any forcible opposition to the execution of a public law. This ordinarily requires the actual use of force by multiple people with the common purpose of preventing some law from being enforced. Weapons are not always required; sheer numbers can be enough. Merely conspiring to overthrow the government is not treason—there must be an actual assemblage of people who are ready and intend to use force.
Providing aid or comfort to the enemy covers a variety of actions, from providing financial assistance to harbouring an enemy soldier. Any intentional act that furthers the enemy's hostile designs or weakens the United States gives aid and comfort to, and "adheres to", the enemy.
In Australia, treason is defined under section 80.1 of the Criminal Code, contained in the schedule of the Commonwealth Criminal Code Act 1995. It includes causing the death of or harm to the Sovereign, the heir apparent of the Sovereign, the consort of the Sovereign, the Governor-General or the Prime Minister. It also includes levying war or doing any act preparatory to levying war against the Commonwealth, or engaging in conduct that assists an enemy at war with the Commonwealth.
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Who can commit treason?
Treason is a rare but very serious crime. In the United States, treason is defined at the federal level as "only in levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort". This definition is included in Article III, Section 3 of the United States Constitution. Most state constitutions include similar definitions, specifically limited to levying war against the state, "adhering to the enemies" of the state, or aiding the enemies of the state.
Treason is a unique offense in the constitutional order, applying only to Americans who have betrayed the allegiance they are presumed to owe the United States. This allegiance is key to who can commit treason. All British nationals (but not other Commonwealth citizens) owe allegiance to the sovereign in right of the United Kingdom wherever they may be, as do Commonwealth citizens and aliens present in the United Kingdom at the time of the treasonable act (except diplomats and foreign soldiers).
In the United States, treason prosecutions have essentially disappeared. This is partly because treason was never a popular charge for federal prosecutors, and also because the menu of federal crimes has expanded, giving prosecutors less reason to resort to treason charges. By 1954, prosecutors could bring non-treason charges without the procedural safeguards provided by the Treason Clause, even if the conduct at issue could be considered treasonous.
Treason against the United States can only be committed by those owing allegiance to the United States. This means that non-citizens of the United States cannot commit treason, as demonstrated by the dropped charges against John Anthony Copeland Jr. and Shields Green.
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How is treason punished?
Treason is a rare but very serious crime. The punishment for treason has varied over time and across jurisdictions. Historically, treason was punishable by death, but today, the punishment for treason typically includes imprisonment, fines, or both.
Punishment for Treason in the United States
In the United States, treason is defined in the Constitution as levying war against the United States or adhering to its enemies, giving them aid and comfort. The federal treason statute, 18 U.S.C. § 2381, sets minimum penalties of five years' imprisonment and a $10,000 fine. A conviction also bars the defendant from holding any federal office and carries the possibility of the death penalty. However, treason prosecutions are rare, and the death penalty for treason has not been used in recent times.
Punishment for Treason in Common Law Countries
In common law countries, such as the United Kingdom, treason could be proved by the evidence of two witnesses to the same offence. The punishment for treason in English common law included hanging, drawing, and quartering for men, or burning at the stake for women. These harsh penalties have since been abolished.
Punishment for Treason in Other Countries
The punishment for treason varies in other countries as well. For example, in Australia, treason is defined under the Criminal Code Act 1995 and includes causing the death of the Sovereign or causing harm resulting in the death of the Sovereign. In South Australia, treason is punishable by a mandatory sentence of life imprisonment. In France, treason is committed by handing over troops or national territory to a foreign power and is punishable by life imprisonment and a substantial fine. Chinese citizens who commit treason are liable for imprisonment for up to 14 years.
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Treason vs. other crimes
Treason is a rare but very serious crime. It is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, diplomats, officials, or secret services for a hostile foreign power, or attempting to kill its head of state.
Historically, in common law countries, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife or that of a master by his servant. Treason against one's monarch was known as high treason, and treason against a lesser superior was petty treason.
The punishment for treason has varied over time and across jurisdictions. In English common law, high treason was punishable by being hanged, drawn, and quartered (for men) or burnt at the stake (for women), although beheading could be substituted by royal command, usually for royalty and nobility. These penalties were abolished in 1814, 1790, and 1973, respectively. The death penalty for treason has also been used in other countries, such as Israel and Germany.
Treason is related and similar to several other crimes, and there is often overlap between treasonous acts and other criminal offenses. Here are some key differences between treason and other crimes:
- Seditious conspiracy (or sedition): This involves conspiring to overthrow or destroy the government by force, prevent or hinder the execution of any law, or seize government property. While seditious conspiracy shares similarities with treason, it does not necessarily involve the same level of forcible opposition or the intent to betray the government inherent in treason.
- Insurrection or rebellion: Insurrection involves inciting, assisting, or engaging in an act of open resistance against the authority, laws, or operations of the government. While this may involve similar actions to treason, the key distinction is that insurrection does not necessarily involve the same level of force or intent to betray the government.
- Misprision of treason: This crime involves knowing that a person has committed treason, failing to report it to the proper authorities, and taking action to conceal it. In other words, it is a failure to report treason rather than the act of treason itself.
- Espionage: Espionage, or spying, is often considered a form of treason, particularly when it involves providing secrets or assistance to a hostile foreign power. However, espionage can also be committed by individuals who do not owe allegiance to a particular state, such as foreign spies, and may involve a broader range of activities beyond those typically associated with treason.
- Terrorism: Treason and terrorism can overlap, particularly when treason involves providing aid or comfort to the enemy. However, terrorism does not require the existence of a declared war, and anyone, not just nationals, can commit terrorist acts. Additionally, terrorism often involves acts of violence or intimidation against civilians, which may not be the primary focus of treasonous acts.
It is important to note that the specific definitions and penalties for treason and related crimes can vary across different legal systems and jurisdictions. The information provided here offers a general overview of the key differences between treason and other crimes.
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Treason in the modern day
Treason is a rare but serious crime that has been used throughout history as a form of political control. The word "treason" comes from the Latin "tradere", meaning "to deliver or hand over". While the specific definition of treason varies by country, it generally involves betraying one's nation or government.
In the modern day, treason laws still exist in many countries, including the United States, the United Kingdom, Australia, and some Commonwealth countries. However, treason prosecutions have become rare, as prosecutors have turned to other charges that are easier to prove and carry similar penalties. For example, in the United States, treason prosecutions have essentially disappeared, with only three people ever being charged with treason at the state level. Similarly, in the UK, treason laws were used against Irish insurgents before Irish independence, but members of the Provisional IRA and other militant republican groups were not prosecuted for treason during the Troubles.
Despite the decline in treason prosecutions, treason laws still serve as important reminders about national security. The distinction between traitorous actions and treasonous thoughts is crucial, as national security offenses can inflame public passions and require heightened procedural protections.
In the United States, treason is defined in Article III, Section 3 of the Constitution as "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort". This definition is mirrored in the federal treason statute, which imposes a minimum penalty of five years' imprisonment and a $10,000 fine. Additionally, those convicted of treason are barred from holding federal office.
In the United Kingdom, the Treason Act of 1695 established that treason could only be proven by the evidence of two witnesses to the same offense and imposed a three-year time limit on prosecutions (except for assassinating the king). While the Sedition Act of 1661, which made it treason to imprison, restrain, or wound the king, was repealed in 1998, it still applies in some Commonwealth countries.
In conclusion, while treason may be less frequently prosecuted in the modern day, it remains a serious offense in many countries, carrying severe penalties and requiring strong evidence for conviction.
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