Infraction

From Free net encyclopedia

Infraction as a general term means a violation of a rule or local ordinance or regulation, promise or obligation.

1 United States Law
2 Punishments for infractions
3 Mechanics of adjudicating infractions
4 Similar terms
5 Compare with
6 Reference

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 never 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 criminal matters, and the state still has the burden of proving beyond a reasonable doubt that the person accused of the crime indeed committed it, with the associated mens rea.

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.

[edit]