Infraction
From Wikipedia, the free encyclopedia
 |
| Criminal law |
|---|
| Part of the common law series |
| Elements of crimes |
| Actus reus · Causation · Concurrence |
| Mens rea · Intention (general) |
| Intention in English law · Recklessness |
| Willful blindness · Criminal negligence |
| Ignorantia juris non excusat |
| Vicarious liability · Corporate liability |
| Strict liability |
| Classes of crimes |
| Felony/Indictable · Hybrid offence |
| Misdemeanor/Summary |
| Infraction |
| Lesser included offense |
| Crimes against the person |
| Assault · Battery · Robbery |
| Kidnapping · Rape |
| Mayhem · Manslaughter · Murder |
| Crimes against property |
| Burglary · Larceny · Arson |
| Embezzlement · False pretenses |
| Extortion · Forgery · Computer crime |
| Crimes against justice |
| Obstruction of justice · Bribery |
| Perjury · Misprision of felony |
| Inchoate offenses |
| Solicitation · Attempt |
| Conspiracy · Accessory |
| Subsets |
| Criminal procedure |
| Criminal defenses |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and trusts · Evidence |
| Portals: Law · Criminal justice |
- For the similarly written medical term referring to a blocked artery, see infarction.
Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation.
Contents |
[edit] United States Law
An Infraction in legal sense (minor offense, minor violation, petty offense, or frequently citation, sometimes used as synonymous with violation, regulatory offense, welfare offense, or contravention) is a "petty" violation of the law less serious than a misdemeanor.
Typically, an infraction is a violation of a rule or local ordinance or regulation.
Some refer to an infraction as quasi-criminal, because conviction for an infraction is generally not associated with the loss of liberty, or even social stigma. Infractions are often considered civil cases, in which case an infraction is not even considered a crime. Nonetheless, most infractions are indeed violations of statutory law, but in differing with criminal law where the burden of proof is Beyond a Reasonable Doubt, the standard for the civil infraction is a Preponderance of Evidence.
Infraction is a term in United States law -- it is not a term commonly used in the United Kingdom or other countries following English common law.
[edit] Punishments for infractions
In the United States, the key characteristic of an infraction is that the punishment cannot include any amount of incarceration in a prison or jail or any other loss of civil rights -- typically the only punishment is a fine, although sometimes other regulatory actions are possible (e.g. revocation of a license or permit) or an order to remedy or mitigate the situation.
[edit] Mechanics of adjudicating infractions
The power to cite persons for infractions is usually left with administrative officials; it is often not necessary to hold a court hearing -- in which case a citation the same as a conviction.
Examples of infractions include jaywalking, littering, violations of municipal codes (such as building or housing), or falsification of information. In many jurisdictions today, traffic violations have been decriminalized and classified as infractions; in Oregon, possession of less than one ounce of cannabis (marijuana) is an infraction rather than a crime). [1]
[edit] Similar terms
[edit] Compare with
- summary offence (English law)
- Misdemeanor
- Felony
[edit] Reference
- Black's Law Dictionary, ISBN 0-314-25791-8
