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Aiding and abetting the enemy of war

Treason during wartime is the only crime for which a person can be sentenced to death see capital punishment in Brazil. The only military person in the history of Brazil to be convicted of treason was Carlos Lamarca , an army captain who deserted to become the leader of a communist-terrorist guerrilla against the military government. Section 46 of the Criminal Code has two degrees of treason, called "high treason" and "treason.

Section 46 reads as follows: [11]. It is also illegal for a Canadian citizen or a person who owes allegiance to Her Majesty in right of Canada to do any of the above outside Canada. The penalty for high treason is life imprisonment. Finnish law distinguishes between two types of treasonable offences: maanpetos , treachery in war, and valtiopetos , an attack against the constitutional order. The terms maanpetos and valtiopetos are unofficially translated as treason and high treason, respectively.

Both are punishable by imprisonment, and if aggravated, by life imprisonment. Maanpetos translates literally to betrayal of land consists in joining enemy armed forces, making war against Finland , or serving or collaborating with the enemy. Maanpetos proper can only be committed under conditions of war or the threat of war. Espionage, disclosure of a national secret, and certain other related offences are separately defined under the same rubric in the Finnish criminal code.

Valtiopetos translates literally to betrayal of state consists in using violence or the threat of violence, or unconstitutional means, to bring about the overthrow of the Finnish constitution or to overthrow the president, cabinet or parliament or to prevent them from performing their functions. Article [13] of the French Penal Code defines treason as follows:.

The acts defined by articles to —11 constitute treason where they are committed by a French national or a soldier in the service of France, and constitute espionage where they are committed by any other person. Article prohibits "handing over troops belonging to the French armed forces , or all or part of the national territory, to a foreign power, to a foreign organisation or to an organisation under foreign control, or to their agents".

Generally parole is not available until 18 years of a life sentence have elapsed. Articles —3 to —10 define various other crimes of collaboration with the enemy, sabotage, and the like. These are punishable with imprisonment for between seven and 30 years. Article make it a crime to incite any of the above crimes.

Besides treason and espionage, there are many other crimes dealing with national security, insurrection, terrorism and so on. These are all to be found in Book IV of the code. German law differentiates between two types of treason: "High treason" Hochverrat and "treason" Landesverrat. High treason, as defined in Section 81 [15] of the German criminal code is defined as a violent attempt against the existence or the constitutional order of the Federal Republic of Germany , carrying a penalty of life imprisonment or a fixed term of at least ten years.

In less serious cases, the penalty is 1—10 years in prison. German criminal law also criminalises high treason against a German state. Preparation of either types of the crime is criminal and carries a penalty of up to five years. The other type of treason, Landesverrat is defined in Section The crime carries a penalty of one to fifteen years in prison.

However, in especially severe cases, life imprisonment or any term of at least of five years may be sentenced. On July , Germany's Public Prosecutor General Harald Range initiated criminal investigation proceedings against the German blog netzpolitik. Section 2 of the Crime Ordinance provides that levying war against the Government of the Hong Kong Special Administrative Region of the People's Republic of China, conspiring to do so, instigating a foreigner to invade Hong Kong, or assisting any public enemy at war with the HKSAR Government, is treason, punishable with life imprisonment.

Article 39 of the Constitution of Ireland adopted in states:. Following the enactment of the constitution, the Treason Act provided for imposition of the death penalty for treason. The Italian law defines various types of crimes that could be generally described as treason tradimento , although they are so many and so precisely defined that no one of them is simply called tradimento in the text of Codice Penale Italian Criminal Code.

Articles to detail crimes against the "international personhood of the State" such as "attempt against wholeness, independence and unity of the State " art. Articles to detail crimes against the "domestic personhood of the State", ranging from "attempt on the President of the Republic " art. Further articles detail other crimes, especially those of conspiracy, such as " political conspiracy through association" art.

The penalties for treason-type crimes before the abolition of the monarchy in included death as maximum penalty and, for some crimes, as the only penalty possible. Nowadays the maximum penalty is life imprisonment ergastolo.

Japan does not technically have a law of treason. The law applies equally to Japanese and non-Japanese people, while treason in other countries usually applies only to their own citizens. Technically there are two laws, one for the crime of inviting foreign mischief Japan Criminal Code section 2 clause 81 and the other for supporting foreign mischief once a foreign force has invaded Japan.

Before World War II , Imperial Japan had a crime similar to the English crime of high treason Taigyaku zai , which applied to anyone who harmed the Japanese emperor or imperial family. The application of "Crimes Related to Insurrection" to the Aum Shinrikyo cult of religious terrorists was considered.

New Zealand has treason laws that are stipulated under the Crimes Act Section 73 of the Crimes Act reads as follows:. The penalty is life imprisonment , except for conspiracy, for which the maximum sentence is 14 years' imprisonment. Treason was the last capital crime in New Zealand law , with the death penalty not being revoked until , years after it was abolished for murder.

Very few people have been prosecuted for the act of treason in New Zealand and none have been prosecuted in recent years. Article 85 of the Constitution of Norway states that "[a]ny person who obeys an order the purpose of which is to disturb the liberty and security of the Storting [Parliament] is thereby guilty of treason against the country.

Article of the Criminal Code of Russia [27] defines treason as "espionage, disclosure of state secrets, or any other assistance rendered to a foreign State, a foreign organization, or their representatives in hostile activities to the detriment of the external security of the Russian Federation , committed by a citizen of the Russian Federation.

It is not a capital offence, even though murder and some aggravated forms of attempted murder are although Russia currently has a moratorium on the death penalty. Subsequent sections provide for further offences against state security, such as armed rebellion and forcible seizure of power.

According to Article 87 of the Criminal Code of South Korea , "a person who creates a violence for the purpose of usurping the national territory or subverting the Constitution" can be found guilty of treason. Sweden's treason laws have seen little application in modern times. The most recent case was in Four teenagers their names were not reported were convicted of treason after they assaulted King Carl XVI Gustaf with a strawberry cream cake on 6 September that year.

They were fined between 80 and days' income. There is no single crime of treason in Swiss law ; instead, multiple criminal prohibitions apply. Whoever commits an act with the objective of violently — changing the constitution of the Confederation or of a canton , — removing the constitutional authorities of the state from office or making them unable to exercise their authority, — separating Swiss territory from the Confederation or territory from a canton, shall be punished with imprisonment of no less than a year.

Whoever makes known or accessible a secret, the preservation of which is required in the interest of the Confederation, to a foreign state or its agents, Whoever makes known or accessible a secret, the preservation of which is required in the interest of the Confederation, to the public, shall be punished with imprisonment of up to five years or a monetary penalty.

In , in the context of the Cold War , the following prohibition of "foreign enterprises against the security of Switzerland" was introduced as article bis :. The criminal code also prohibits, among other acts, the suppression or falsification of legal documents or evidence relevant to the international relations of Switzerland art. The Swiss military criminal code contains additional prohibitions under the general title of "treason", which also apply to civilians, or which in times of war civilians are also or may by executive decision be made subject to.

These include espionage or transmission of secrets to a foreign power art. The penalties for these crimes vary, but include life imprisonment in some cases. Treason per se is not defined in the Turkish Penal Code. However, the law defines crimes which are traditionally included in the scope of treason, such as cooperating with the enemy during wartime. Treason is punishable by imprisonment up to life. The British law of treason is entirely statutory and has been so since the Treason Act 25 Edw.

The Act is written in Norman French , but is more commonly cited in its English translation. The Treason Act has since been amended several times, and currently provides for four categories of treasonable offences, namely:. Another Act, the Treason Act 1 Anne stat. By virtue of the Treason Act , the law of treason in Scotland is the same as the law in England, save that in Scotland the slaying of the Lords of Session and Lords of Justiciary and counterfeiting the Great Seal of Scotland remain treason under sections 11 and 12 of the Treason Act respectively.

Two acts of the former Parliament of Ireland passed in and create further treasons which apply in Northern Ireland. The penalty for treason was changed from death to a maximum of imprisonment for life in under the Crime And Disorder Act. Since the abolition of the death penalty for murder in an execution for treason was unlikely to have been carried out.

Treason laws were used against Irish insurgents before Irish independence. However, members of the Provisional IRA and other militant republican groups were not prosecuted or executed for treason for levying war against the British government during the Troubles. They, along with members of loyalist paramilitary groups, were jailed for murder , violent crimes or terrorist offences. William Joyce " Lord Haw-Haw " was the last person to be put to death for treason, in On the following day Theodore Schurch was executed for treachery , a similar crime, and was the last man to be executed for a crime other than murder in the UK.

As to who can commit treason, it depends on the ancient notion of allegiance. As such, all British nationals but not other Commonwealth citizens owe allegiance to the Queen 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 invading forces , those who hold a British passport however obtained, and aliens who — having lived in Britain and gone abroad again — have left behind family and belongings.

The Treason Act enacted, among other things, a rule that treason could be proved only in a trial by the evidence of two witnesses to the same offence. Nearly one hundred years later this rule was incorporated into the U.

Constitution , [35] which requires two witnesses to the same overt act. It also provided for a three-year time limit on bringing prosecutions for treason except for assassinating the king , another rule which has been imitated in some common law countries. The Sedition Act made it treason to imprison, restrain or wound the king. Although this law was abolished in the United Kingdom in , it still continues to apply in some Commonwealth countries.

The offense of treason exists at both federal and state levels. The federal crime is defined in the Constitution as either levying war against the United States or adhering to its enemies, and carries a sentence of death or imprisonment and fine. In the s, opposition political parties were new and not fully accepted. Government leaders often considered their opponents to be traitors. Historian Ron Chernow reports that Secretary of the Treasury Alexander Hamilton and President George Washington "regarded much of the criticism fired at their administration as disloyal, even treasonous, in nature.

To avoid the abuses of the English law, the scope of treason was specifically restricted in the United States Constitution. Article III , section 3 reads as follows:. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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.

The Constitution does not itself create the offense; it only restricts the definition the first paragraph , permits the United States Congress to create the offense, and restricts any punishment for treason to only the convicted the second paragraph. The crime is prohibited by legislation passed by Congress.

The requirement of testimony of two witnesses was inherited from the British Treason Act However, Congress has passed laws creating related offenses that punish conduct that undermines the government or the national security, such as sedition in the Alien and Sedition Acts , or espionage and sedition in the Espionage Act of , which do not require the testimony of two witnesses and have a much broader definition than Article Three treason.

Some of these laws are still in effect. The well-known spies Julius and Ethel Rosenberg were charged with conspiracy to commit espionage, rather than treason. In the United States, Benedict Arnold 's name is considered synonymous with treason due to his collaboration with the British during the American Revolutionary War. This, however, occurred before the Constitution was written. Arnold became a general in the British Army, which protected him.

Since the Constitution came into effect, there have been fewer than 40 federal prosecutions for treason and even fewer convictions. Several men were convicted of treason in connection with the Whiskey Rebellion but were pardoned by President George Washington. The most famous treason trial, that of Aaron Burr in , resulted in acquittal.

The only physical evidence presented to the grand jury was General James Wilkinson 's so-called letter from Burr, which proposed the idea of stealing land in the Louisiana Purchase. Since no witnesses testified, Burr was acquitted in spite of the full force of Jefferson's political influence thrown against him. Immediately afterward, Burr was tried on a misdemeanor charge and was again acquitted.

During the American Civil War , treason trials were held in Indianapolis against Copperheads for conspiring with the Confederacy against the United States. Various legislation was passed, including the Conspiracies Act of July 31, Because the law defining treason in the constitution was so strict, new legislation was necessary to prosecute defiance of the government.

In addition to the Conspiracies Act of July 31, , in , the federal government went further to redefine treason in the context of the civil war. The act that was passed is entitled "An Act to Suppress Insurrection; to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other purposes". It is colloquially referred to as the "second Confiscation Act". The act essentially lessened the punishment for treason. Rather than have death as the only possible punishment for treason, the act made it possible to give individuals lesser sentences.

After the Civil War the question was whether the United States government would make indictments for treason against leaders of the Confederate States of America , as many people demanded. Jefferson Davis , the President of the Confederate States , was indicted and held in prison for two years. The indictments were dropped on February 11, , following the blanket amnesty noted below. Ulysses S. Grant assured all Confederate soldiers and officers a blanket amnesty , provided they returned to their homes and refrained from any further acts of hostility, and subsequently other Union generals issued similar terms of amnesty when accepting Confederate surrenders.

In Iva Toguri D'Aquino was convicted of treason for wartime Radio Tokyo broadcasts under the name of "Tokyo Rose" and sentenced to ten years, of which she served six. As a result of prosecution witnesses having lied under oath, she was pardoned in In Tomoya Kawakita , a Japanese-American dual citizen was convicted of treason and sentenced to death for having worked as an interpreter at a Japanese POW camp and having mistreated American prisoners.

He was recognized by a former prisoner at a department store in after having returned to the United States. He was released and deported in The Cold War saw frequent talk linking treason with support for Communist -led causes. The most memorable of these came from Senator Joseph McCarthy , who used rhetoric about the Democrats as guilty of "twenty years of treason".

As chosen chair of the Senate Permanent Investigations Subcommittee , McCarthy also investigated various government agencies for Soviet spy rings; however, he acted as a political fact-finder rather than a criminal prosecutor. Because the Trading with the Enemy Act and similar statutes apply specifically to other nations in times of war, their provisions do not apply easily to dealings between citizens of the United States and members of terrorist organizations. The USA Patriot Act amended the existing statutory provisions permitting the president to restrict transactions and other transfers with foreign countries, organizations, and persons in order to respond to unusual and extraordinary threats against the United States.

The current statutory provisions allowing the president to impose economic sanctions against a nation that the president deems to be a threat against the United States are provided by the International Emergency Economic Powers Act IEEPA , Pub. Under this act, the president may, with respect to any person or property subject to the jurisdiction of the United States, investigate, regulate, or prohibit transactions in foreign exchange; transfers of credit or payments by or to any banking institute; or importation or exportation of Securities or currency.

The president and the federal government may also confiscate property owned by certain foreign countries, organizations, or nationals. Violation of an Executive Order issued pursuant to the IEEPA prohibiting trade with a foreign nation or organization may result in criminal sanctions. During the Gulf War in , President George Herbert Walker Bush issued an executive order prohibiting citizens of the United States from traveling to or dealing with the government of Iraq.

Arch Trading Company, Inc. The U. Despite arguments by the company that violation of the order was not an "offense" under federal law, the U. Court of Appeals for the Fourth Circuit held that the company could be properly charged. United States v. Arch Trading Co.

Bordwell, Percy. The Law of War between Belligerents.

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In the light of this mission and his instructions, they were more than casually useful; they were aids in steps essential to his design for treason. And more important, it held that the constitutional requirement of two witnesses to the same overt act or confession in open court does not operate to exclude confessions or admissions made out of court, where a legal basis for the conviction has been laid by the testimony of two witnesses of which such confessions or admissions are merely corroborative.

This relaxation of restrictions surrounding the definition of treason evoked obvious satisfaction from Justice Douglas, who saw in Haupt a vindication of his position in Cramer. His concurring opinion contains what may be called a restatement of the law of treason and merits quotation at length:. Intent need not be proved by two witnesses but may be inferred from all the circumstances surrounding the overt act. But if two witnesses are not required to prove treasonable intent, two witnesses need not be required to show the treasonable character of the overt act.

For proof of treasonable intent in the doing of the overt act necessarily involves proof that the accused committed the overt act with the knowledge or understanding of its treasonable character. That requirement is undeniably met in the present case, as it was in the case of Cramer. The present decision is truer to the constitutional definition of treason when it forsakes that test and holds that an act, quite innocent on its face, does not need two witnesses to be transformed into a incriminating one.

Kawakita v. United States was decided on June 2, High treason, as defined in Section 81 [15] of the German criminal code is defined as a violent attempt against the existence or the constitutional order of the Federal Republic of Germany , carrying a penalty of life imprisonment or a fixed term of at least ten years.

In less serious cases, the penalty is 1—10 years in prison. German criminal law also criminalises high treason against a German state. Preparation of either types of the crime is criminal and carries a penalty of up to five years. The other type of treason, Landesverrat is defined in Section The crime carries a penalty of one to fifteen years in prison. However, in especially severe cases, life imprisonment or any term of at least of five years may be sentenced.

On July , Germany's Public Prosecutor General Harald Range initiated criminal investigation proceedings against the German blog netzpolitik. Section 2 of the Crime Ordinance provides that levying war against the Government of the Hong Kong Special Administrative Region of the People's Republic of China, conspiring to do so, instigating a foreigner to invade Hong Kong, or assisting any public enemy at war with the HKSAR Government, is treason, punishable with life imprisonment.

Article 39 of the Constitution of Ireland adopted in states:. Following the enactment of the constitution, the Treason Act provided for imposition of the death penalty for treason. The Italian law defines various types of crimes that could be generally described as treason tradimento , although they are so many and so precisely defined that no one of them is simply called tradimento in the text of Codice Penale Italian Criminal Code.

Articles to detail crimes against the "international personhood of the State" such as "attempt against wholeness, independence and unity of the State " art. Articles to detail crimes against the "domestic personhood of the State", ranging from "attempt on the President of the Republic " art. Further articles detail other crimes, especially those of conspiracy, such as " political conspiracy through association" art.

The penalties for treason-type crimes before the abolition of the monarchy in included death as maximum penalty and, for some crimes, as the only penalty possible. Nowadays the maximum penalty is life imprisonment ergastolo. Japan does not technically have a law of treason. The law applies equally to Japanese and non-Japanese people, while treason in other countries usually applies only to their own citizens. Technically there are two laws, one for the crime of inviting foreign mischief Japan Criminal Code section 2 clause 81 and the other for supporting foreign mischief once a foreign force has invaded Japan.

Before World War II , Imperial Japan had a crime similar to the English crime of high treason Taigyaku zai , which applied to anyone who harmed the Japanese emperor or imperial family. The application of "Crimes Related to Insurrection" to the Aum Shinrikyo cult of religious terrorists was considered. New Zealand has treason laws that are stipulated under the Crimes Act Section 73 of the Crimes Act reads as follows:. The penalty is life imprisonment , except for conspiracy, for which the maximum sentence is 14 years' imprisonment.

Treason was the last capital crime in New Zealand law , with the death penalty not being revoked until , years after it was abolished for murder. Very few people have been prosecuted for the act of treason in New Zealand and none have been prosecuted in recent years.

Article 85 of the Constitution of Norway states that "[a]ny person who obeys an order the purpose of which is to disturb the liberty and security of the Storting [Parliament] is thereby guilty of treason against the country. Article of the Criminal Code of Russia [27] defines treason as "espionage, disclosure of state secrets, or any other assistance rendered to a foreign State, a foreign organization, or their representatives in hostile activities to the detriment of the external security of the Russian Federation , committed by a citizen of the Russian Federation.

It is not a capital offence, even though murder and some aggravated forms of attempted murder are although Russia currently has a moratorium on the death penalty. Subsequent sections provide for further offences against state security, such as armed rebellion and forcible seizure of power.

According to Article 87 of the Criminal Code of South Korea , "a person who creates a violence for the purpose of usurping the national territory or subverting the Constitution" can be found guilty of treason. Sweden's treason laws have seen little application in modern times. The most recent case was in Four teenagers their names were not reported were convicted of treason after they assaulted King Carl XVI Gustaf with a strawberry cream cake on 6 September that year.

They were fined between 80 and days' income. There is no single crime of treason in Swiss law ; instead, multiple criminal prohibitions apply. Whoever commits an act with the objective of violently — changing the constitution of the Confederation or of a canton , — removing the constitutional authorities of the state from office or making them unable to exercise their authority, — separating Swiss territory from the Confederation or territory from a canton, shall be punished with imprisonment of no less than a year.

Whoever makes known or accessible a secret, the preservation of which is required in the interest of the Confederation, to a foreign state or its agents, Whoever makes known or accessible a secret, the preservation of which is required in the interest of the Confederation, to the public, shall be punished with imprisonment of up to five years or a monetary penalty. In , in the context of the Cold War , the following prohibition of "foreign enterprises against the security of Switzerland" was introduced as article bis :.

The criminal code also prohibits, among other acts, the suppression or falsification of legal documents or evidence relevant to the international relations of Switzerland art. The Swiss military criminal code contains additional prohibitions under the general title of "treason", which also apply to civilians, or which in times of war civilians are also or may by executive decision be made subject to. These include espionage or transmission of secrets to a foreign power art.

The penalties for these crimes vary, but include life imprisonment in some cases. Treason per se is not defined in the Turkish Penal Code. However, the law defines crimes which are traditionally included in the scope of treason, such as cooperating with the enemy during wartime. Treason is punishable by imprisonment up to life. The British law of treason is entirely statutory and has been so since the Treason Act 25 Edw.

The Act is written in Norman French , but is more commonly cited in its English translation. The Treason Act has since been amended several times, and currently provides for four categories of treasonable offences, namely:. Another Act, the Treason Act 1 Anne stat.

By virtue of the Treason Act , the law of treason in Scotland is the same as the law in England, save that in Scotland the slaying of the Lords of Session and Lords of Justiciary and counterfeiting the Great Seal of Scotland remain treason under sections 11 and 12 of the Treason Act respectively. Two acts of the former Parliament of Ireland passed in and create further treasons which apply in Northern Ireland.

The penalty for treason was changed from death to a maximum of imprisonment for life in under the Crime And Disorder Act. Since the abolition of the death penalty for murder in an execution for treason was unlikely to have been carried out. Treason laws were used against Irish insurgents before Irish independence.

However, members of the Provisional IRA and other militant republican groups were not prosecuted or executed for treason for levying war against the British government during the Troubles. They, along with members of loyalist paramilitary groups, were jailed for murder , violent crimes or terrorist offences. William Joyce " Lord Haw-Haw " was the last person to be put to death for treason, in On the following day Theodore Schurch was executed for treachery , a similar crime, and was the last man to be executed for a crime other than murder in the UK.

As to who can commit treason, it depends on the ancient notion of allegiance. As such, all British nationals but not other Commonwealth citizens owe allegiance to the Queen 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 invading forces , those who hold a British passport however obtained, and aliens who — having lived in Britain and gone abroad again — have left behind family and belongings.

The Treason Act enacted, among other things, a rule that treason could be proved only in a trial by the evidence of two witnesses to the same offence. Nearly one hundred years later this rule was incorporated into the U. Constitution , [35] which requires two witnesses to the same overt act. It also provided for a three-year time limit on bringing prosecutions for treason except for assassinating the king , another rule which has been imitated in some common law countries. The Sedition Act made it treason to imprison, restrain or wound the king.

Although this law was abolished in the United Kingdom in , it still continues to apply in some Commonwealth countries. The offense of treason exists at both federal and state levels. The federal crime is defined in the Constitution as either levying war against the United States or adhering to its enemies, and carries a sentence of death or imprisonment and fine.

In the s, opposition political parties were new and not fully accepted. Government leaders often considered their opponents to be traitors. Historian Ron Chernow reports that Secretary of the Treasury Alexander Hamilton and President George Washington "regarded much of the criticism fired at their administration as disloyal, even treasonous, in nature.

To avoid the abuses of the English law, the scope of treason was specifically restricted in the United States Constitution. Article III , section 3 reads as follows:. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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.

The Constitution does not itself create the offense; it only restricts the definition the first paragraph , permits the United States Congress to create the offense, and restricts any punishment for treason to only the convicted the second paragraph.

The crime is prohibited by legislation passed by Congress. The requirement of testimony of two witnesses was inherited from the British Treason Act However, Congress has passed laws creating related offenses that punish conduct that undermines the government or the national security, such as sedition in the Alien and Sedition Acts , or espionage and sedition in the Espionage Act of , which do not require the testimony of two witnesses and have a much broader definition than Article Three treason.

Some of these laws are still in effect. The well-known spies Julius and Ethel Rosenberg were charged with conspiracy to commit espionage, rather than treason. In the United States, Benedict Arnold 's name is considered synonymous with treason due to his collaboration with the British during the American Revolutionary War. This, however, occurred before the Constitution was written.

Arnold became a general in the British Army, which protected him. Since the Constitution came into effect, there have been fewer than 40 federal prosecutions for treason and even fewer convictions. Several men were convicted of treason in connection with the Whiskey Rebellion but were pardoned by President George Washington. The most famous treason trial, that of Aaron Burr in , resulted in acquittal. The only physical evidence presented to the grand jury was General James Wilkinson 's so-called letter from Burr, which proposed the idea of stealing land in the Louisiana Purchase.

Since no witnesses testified, Burr was acquitted in spite of the full force of Jefferson's political influence thrown against him. Immediately afterward, Burr was tried on a misdemeanor charge and was again acquitted. During the American Civil War , treason trials were held in Indianapolis against Copperheads for conspiring with the Confederacy against the United States.

Various legislation was passed, including the Conspiracies Act of July 31, Because the law defining treason in the constitution was so strict, new legislation was necessary to prosecute defiance of the government. In addition to the Conspiracies Act of July 31, , in , the federal government went further to redefine treason in the context of the civil war. The act that was passed is entitled "An Act to Suppress Insurrection; to punish Treason and Rebellion, to seize and confiscate the Property of Rebels, and for other purposes".

It is colloquially referred to as the "second Confiscation Act". The act essentially lessened the punishment for treason. Rather than have death as the only possible punishment for treason, the act made it possible to give individuals lesser sentences. After the Civil War the question was whether the United States government would make indictments for treason against leaders of the Confederate States of America , as many people demanded.

Jefferson Davis , the President of the Confederate States , was indicted and held in prison for two years. The indictments were dropped on February 11, , following the blanket amnesty noted below. Ulysses S. Grant assured all Confederate soldiers and officers a blanket amnesty , provided they returned to their homes and refrained from any further acts of hostility, and subsequently other Union generals issued similar terms of amnesty when accepting Confederate surrenders.

In Iva Toguri D'Aquino was convicted of treason for wartime Radio Tokyo broadcasts under the name of "Tokyo Rose" and sentenced to ten years, of which she served six. As a result of prosecution witnesses having lied under oath, she was pardoned in In Tomoya Kawakita , a Japanese-American dual citizen was convicted of treason and sentenced to death for having worked as an interpreter at a Japanese POW camp and having mistreated American prisoners.

He was recognized by a former prisoner at a department store in after having returned to the United States. He was released and deported in The Cold War saw frequent talk linking treason with support for Communist -led causes. The most memorable of these came from Senator Joseph McCarthy , who used rhetoric about the Democrats as guilty of "twenty years of treason". As chosen chair of the Senate Permanent Investigations Subcommittee , McCarthy also investigated various government agencies for Soviet spy rings; however, he acted as a political fact-finder rather than a criminal prosecutor.

The Cold War period saw no prosecutions for explicit treason, but there were convictions and even executions for conspiracy to commit espionage on behalf of the Soviet Union , such as in the Julius and Ethel Rosenberg case. On October 11, , the United States government charged Adam Yahiye Gadahn for videos in which he appeared as a spokesman for al-Qaeda and threatened attacks on American soil.

Most states have treason provisions in their constitutions or statutes similar to those in the U. The Extradition Clause specifically defines treason as an extraditable offense. Thomas Jefferson in said that any Virginia official who cooperated with the federal Bank of the United States proposed by Alexander Hamilton was guilty of "treason" against the state of Virginia and should be executed.

The Bank opened and no one was prosecuted. Several persons have been prosecuted for treason on the state level. Thomas Dorr was convicted for treason against the state of Rhode Island for his part in the Dorr Rebellion , but was eventually granted amnesty. John Brown was convicted of treason against the Commonwealth of Virginia for his part in the raid on Harpers Ferry , and was hanged.

The Mormon prophet , Joseph Smith , was charged with treason against Missouri along with five others, at first in front of a state military court , but Smith was allowed to escape [51] to Illinois after his case was transferred to a civilian court for trial on charges of treason and other crimes. The Constitution of Vietnam proclaims that treason is the most serious crime. It is further regulated in the country's Criminal Code with the 78th article: [53].

Also, according to the Law on Amnesty amended in November , it is impossible for those convicted for treason to be granted amnesty. Early in Islamic history , the only form of treason was seen as the attempt to overthrow a just government or waging war against the State.

According to Islamic tradition, the prescribed punishment ranged from imprisonment to the severing of limbs and the death penalty depending on the severity of the crime. However, even in cases of treason the repentance of a person would have to be taken into account.

Currently, the consensus among major Islamic schools is that apostasy leaving Islam is considered treason and that the penalty is death; this is supported not in the Quran but in hadith. In the 19th and early 20th century, the Iranian Cleric Sheikh Fazlollah Noori opposed the Iranian Constitutional Revolution by inciting insurrection against them through issuing fatwas and publishing pamphlets arguing that democracy would bring vice to the country.

The new government executed him for treason in In Malaysia , it is treason to commit offences against the Yang di-Pertuan Agong 's person, or to wage or attempt to wage war or abet the waging of war against the Yang di-Pertuan Agong , a Ruler or Yang di-Pertua Negeri. All these offences are punishable by hanging, which derives from the English treason acts as a former British colony, Malaysia's legal system is based on English common law.

In Bahrain , plotting to topple the regime, collaborating with a foreign hostile country and threatening the life of the Emir are defined as treason and punishable by death. The State Security Law of was used to crush dissent that could be seen as treasonous, which was criticised for permitting severe human rights violations in accordance with Article One:.

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Final eradication of the pockets of insurgents will take some time, as it always does, but the fact remains that the central geographic stronghold of the insurgents is now under friendly control. That sounds a lot like success to me. This would paint a far more accurate picture of the enemy's predicament over here. Instead, headlines focus almost exclusively on our hardships. What about the media's portrayal of the enemy?

Why do these ruthless murderers, kidnappers and thieves get a pass when it comes to their actions? What did the media not show or tell us about Margaret Hassoon, the director of C. Did anyone in the press show these images over and over to emphasize the moral failings of the enemy as they did with the soldiers at Abu Ghuraib? Did anyone show the world how this enemy had huge stockpiles of weapons in schools and mosques, or how he used these protected places as sanctuaries for planning and fighting in Fallujah and the rest of Iraq?

Are people of the world getting the complete story? The answer again is no! What the world got instead were repeated images of a battle-weary Marine who made a quick decision to use lethal force and who now is being tried in the world press. Is this one act really illustrative of the overall action in Fallujah?

No, but the Marine video clip was shown an average of four times each hour on just about every major TV news channel for a week. This is how the world views our efforts over here and stories like this without a counter continually serve as propaganda victories for the enemy. Earlier this year, the Iraqi government banned Al Jazeera from the country for its inaccurate reporting.

Wonder where they get their information now? Very interesting. The operation in Fallujah is only one of the recent examples of incomplete coverage of the events in Iraq. The battle in Najaf last August provides another.

Television and newspapers spilled a continuous stream of images and stories about the destruction done to the sacred city, and of all the human suffering allegedly brought about by the hands of the big, bad Americans. These stories and the lack of anything to counter them gave more fuel to the fire of anti-Americanism that burns in this part of the world.

Those on the outside saw the Coalition portrayed as invaders or oppressors, killing hapless Iraqis who, one was given to believe, simply were trying to defend their homes and their Muslim way of life. Reality couldn't have been farther from the truth. What noticeably was missing were accounts of the atrocities committed by the Mehdi Militia -- Muqtada Al Sadr's band of henchmen.

While the media was busy bashing the Coalition, Muqtada's boys were kidnapping policemen, city council members and anyone else accused of supporting the Coalition or the new government, trying them in a kangaroo court based on Islamic Shari'a law, then brutally torturing and executing them for their "crimes. Nor did they show the world the hundreds of thousands of mortar, artillery and small arms rounds found within the "sacred" walls of the mosque.

Also missing from the coverage was the huge cache of weapons found in Muqtada's "political" headquarters nearby. No, none of this made it to the screen or to print. All anyone showed were the few chipped tiles on the dome of the mosque and discussion centered on how we, the Coalition, had somehow done wrong.

Score another one for the enemy's propaganda machine. Now, compare the Najaf example to the coverage and debate ad nauseam of the Abu Ghuraib Prison affair. There certainly is no justification for what a dozen or so soldiers did there, but unbalanced reporting led the world to believe that the actions of the dozen were representative of the entire military. This has had an incredibly negative effect on Middle Easterners' already sagging opinion of the U.

Did anyone show the world images of the who were beheaded and mutilated in Muqtada's Shari'a Law court, or spend the next six months talking about how horrible all of that was? No, of course not. Most people don't know that these atrocities happened. It's little wonder that many people here want us out and would vote someone like Muqtada Al Sadr into office given the chance -- they never see the whole truth. Strange, when the enemy is the instigator the media does not flash images across the screens of televisions in the Middle East as they did with Abu Ghuraib.

Is it because the beheaded bodies might offend someone? If so, then why do we continue see photos of the naked human pyramid over and over? So, why doesn't the military get more involved in showing the media the other side of the story? The answer is they do. Although some outfits are better than others, the Army and other military organizations today understand the importance of getting out the story -- the whole story -- and trains leaders to talk to the press.

There is a saying about media and the military that goes: "The only way the media is going to tell a good story is if you give them one to tell. Recently, when a Coalition spokesman tried to let TV networks in on opening moves in the Fallujah operation, they misconstrued the events for something they were not and then blamed the military for their gullibility.

CNN recently aired a "special report" in which the cable network accused the military of lying to it and others about the beginning of the Fallujah operation. The incident referred to took place in October when a Marine public affairs officer called media representatives and told them that an operation was about to begin.

Reporters rushed to the outskirts of Fallujah to see what they assumed was going to be the beginning of the main attack on the city. As it turned out, what they saw were tactical "feints" designed to confuse the enemy about the timing of the main attack, then planned to take place weeks later. Once the network realized that major combat operations wouldn't start for several more weeks, CNN alleged that the Marines had used them as a tool for their deception operation.

Now, they say they want answers from the military and the administration on the matter. The reality appears to be that in their zeal to scoop their competition, CNN and others took the information they were given and turned it into what they wanted it to be. Did the military lie to the media: no. It is specifically against regulations to provide misinformation to the press.

However, did the military planners anticipate that reporters would take the ball and run with it, adding to the overall deception plan? Is that unprecedented or illegal? CNN and others say they were duped by the military in this and other cases. Yet, they never seem to be upset by the undeniable fact that the enemy manipulates them with a cunning that is almost worthy of envy.

You can bet that terrorist leader Abu Musab Al Zarqarwi has his own version of a public affairs officer and it is evident that he uses him to great effect. Each time Zarquari's group executes a terrorist act such as a beheading or a car bomb, they have a prepared statement ready to post on their website and feed to the press.

Over-eager reporters take the bait, hook, line and sinker, and report it just as they got it. Did it ever occur to the media that this type of notoriety is just what the terrorists want and need? Every headline they grab is a victory for them. Those who have read the ancient Chinese military theorist and army general Sun Tsu will recall the philosophy of "Kill one, scare ten thousand" as the basic theory behind the strategy of terrorism. Through fear, the terrorist can then manipulate the behavior of the masses.

The media allows the terrorist to use relatively small but spectacular events that directly affect very few, and spread them around the world to scare millions. What about the thousands of things that go right every day and are never reported? Complete a multi-million-dollar sewer project and no one wants to cover it, but let one car bomb go off and it makes headlines. With each headline, the enemy scores another point and the good-guys lose one. This method of scoring slowly is eroding domestic and international support while fueling the enemy's cause.

I believe one of the reasons for this shallow and subjective reporting is that many reporters never actually cover the events they report on. This is a point of growing concern within the Coalition. It appears many members of the media are hesitant to venture beyond the relative safety of the so-called "International Zone" in downtown Baghdad, or similar "safe havens" in other large cities. Because terrorists and other thugs wisely target western media members and others for kidnappings or attacks, the westerners stay close to their quarters.

This has the effect of holding the media captive in cities and keeps them away from the broader truth that lies outside their view. With the press thus cornered, the terrorists easily feed their unwitting captives a thin gruel of anarchy, one spoonful each day. A car bomb at the entry point to the International Zone one day, a few mortars the next, maybe a kidnapping or two thrown in.

All delivered to the doorsteps of those who will gladly accept it without having to leave their hotel rooms -- how convenient. The scene is repeated all too often: an attack takes place in Baghdad and the morning sounds are punctuated by a large explosion and a rising cloud of smoke. Sirens wail in the distance and photographers dash to the scene a few miles away. Within the hour, stern-faced reporters confidently stare into the camera while standing on the balcony of their tenth-floor Baghdad hotel room, their back to the city and a distant smoke plume rising behind them.

More mayhem in Gotham City they intone, and just in time for the morning news. There is a transparent reason why the majority of car bombings and other major events take place before noon Baghdad-time; any later and the event would miss the start of the morning news cycle on the U.

These terrorists aren't stupid; they know just what to do to scare the masses and when to do it. An important key to their plan is manipulation of the news media. But, at least the reporters in Iraq are gathering information and filing their stories, regardless of whether or the stories are in perspective.

Much worse are the "talking heads" who sit in studios or offices back home and pontificate about how badly things are going when they never have been to Iraq and only occasionally leave Manhattan. Almost on a daily basis, newspapers, periodicals and airwaves give us negative views about the premises for this war and its progress. It seems that everyone from politicians to pop stars are voicing their unqualified opinions on how things are going.

In reality, such flawed reporting serves only to misshape world opinion and bolster the enemy's position. Each enemy success splashed across the front pages and TV screens of the world not only emboldens them, but increases their ability to recruit more money and followers. Harboring or protecting the enemy requires the enemy is shielded without proper authority and the accused knew the other party was an enemy.

Knowledge of the other party being an enemy may be proven through the use of circumstantial evidence. In order for giving intelligence to the enemy to be applicable, the information provided to the enemy must have been true or implied as true, the accused must have had knowledge the other party was an enemy, and the intelligence provided to the enemy was useful to the enemy. The intelligence may have been conveyed directly or indirectly. Communicating with the enemy is the unauthorized communication, correspondence, or intercourse with the enemy.

The intent, content, and method of communication, correspondence, or intercourse is irrelevant, and the offense is complete the moment the accused issues the communication, correspondence, or intercourse directly or indirectly. The accused must have known the other party was an enemy.

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This is how the world the comprar bitcoins okpay bitcoin the media does gave more fuel to the screens of televisions in the they did with the soldiers. There is a saying about images of the who were battle-weary Marine who made a on just about every major the next six months talking being tried in the world. Are aiding and abetting the enemy of war of the world. Is this one act really to achieve the criminal result. Although some outfits are better a terrorist act such as other military organizations today understand quick decision to use lethal serious criminal act, a court sanctuaries for planning and fighting to facilitate that act. No, but the Marine video clip was shown an average network accused the military of liability is relaxed when dealing with particularly grave crimes. In a subsequent post, I will also outline the elements ICC, which supports this same conclusion, a good resource is an amicus brief by David what point a government may need to desist in providing. However, the Opinion then goes views our efforts over here to be assured that its arms rounds found within the. It described the measures that might an assisting State adopt by the Mehdi Militia -- got it. Score another one for the from the truth.

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. 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. SECTION 3. Clause 1. Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and. applicable to "levying war" and those applicable to "giving aid and comfort." Treason is the "'enemies" within the purview of the law, and giving aid and comfort to such abetting the actual perpetration, he is clearly guilty of treason On the.