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Article I, Section 29, of the State Constitution is similar to Article III, Section 3 of the United States Constitution, limiting the legal definition of "treason" to levying war against the State or giving "aid and comfort" to the enemies of the State. Conviction requires two witnesses to the act itself, or a confession in open court. [10]
Treason is the crime of attacking a state authority to which one owes allegiance. [1] This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state.
The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby crimes including conspiring to kill the King or "violating" the Queen, were punishable as treason.
Under Australian law [2] a person is guilty of misprision of treason if he: (a) receives or assists another person who, to his or her knowledge, has committed treason with the intention of allowing him or her to escape punishment or apprehension; or (b) knowing that another person intends to commit treason, does not inform a constable of it within a reasonable time or use other reasonable ...
Negative misprision is the concealment of treason or felony.By the common law of England, it was the duty of every liege subject to inform the king's justices and other officers of the law of all treasons and felonies of which the informant had knowledge, and to bring the offender to justice by arrest (see Sheriffs Act 1887, s. 8).
Writing for the majority, Justice Robert H. Jackson said that the Constitution is clear in its definition of treason, limited to the waging of war, or giving material assistance to an enemy. The prosecution and its witnesses could demonstrate only an association and not that Cramer had given "Aid and Comfort," as defined in Article Three.
The legal definition of treason was then expanded to include providing vaguely defined “assistance” to foreign countries or organizations, effectively exposing to prosecution anyone in contact ...
One example given in this regard was the arrangement among the states of the United States, in particular the Extradition Clause which contains no exception for political offences and specifically names treason as a crime for which an interstate fugitive must be delivered upon demand. [38]