Treason: historical context and legal definitions

Treason is a crime of high degree which is the very reason why there have only been 30 cases of treason in the United States history. People are not charged with treason unless there is enough evidence to prove that they betrayed their country. Treason is commonly understood as an act of betrayal where a person aids country's enemies with the intention of causing harm. According to the U.S. Constitution, treason is a major crime and hence a person will not be accused of treason unless he meets either of the two conditions laid down in the constitution. It is clearly stated that, "Treason against the United States," they said, "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."

Punishment for an act of treason can range from anything from death penalty to public disgrace. The Constitution says that, "The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted." It should be understood that this part of the treason or in fact the whole Section 3 of the Construction borrows heavily from the English Law and modifications are made where deemed necessary. The punishment is also borrowed from English Law but it is not just as harsh. The constitution states that descendants of the person accused of treason will not bear the burden of his actions. And while the property of the accused may be seized, it can be inherited by his heirs after the death of the convicted person.

There have so far been only 30 cases of treason because of the nature of the crime and accusations. One important case was that of a Japanese-American in 1952 who was accused of abusing American prisoners of war during the Second World War. The person was Tomoya Kawakita and it should be understood from this case that treason is a very difficult charge to prove. And even when proved, it is hardly every easy to sentence the person to death. In the case of Kawakita, the last person to be accused of treason, (with the exception of the latest case against Adam Gandhan), Kawakita was first sentenced to death. His sentence was later turned into life imprisonment by President Eisenhower. This life imprisonment was also pardoned and he was deported to Japan.

There are actually five different forms of treason as mentioned in the English Law. However the U.S. Constitution adopted only two of those forms and they have already been mentioned above. Treason will be levied if the person has waged war against America or if he aided enemies of the country.