Infraction as a general term means a violation of a rule or
local ordinanceor regulation, promise or obligation.
United States law
An Infraction in legal sense is a
summary offence, or "petty" violation of the law less serious than a misdemeanor, and usually does not attach certain indiviual rights such as a jury trial. [" Callan v. Wilson", ussc|127|540|1888] [" Duncan v. Louisiana", ussc|391|145|1968] [usc|18|19] It is sometimes called a "minor offense", "minor violation", "petty offense", or frequently "citation", and sometimes used as synonymous with "violation", regulatory offense, welfare offense, or contravention.
Typically, an infraction is a violation of a rule or
local ordinanceor regulation.
Some refer to an infraction as quasi-criminal, because conviction for an infraction is generally not associated with the loss of liberty, and are often considered
civil cases. Nonetheless, most infractions are indeed violations of statutory law, but in differing with criminal law where the burden of proofis 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 Kingdomor other countries following English common law.
Punishments for infractions
In the United States, the key characteristic of an infraction is that the punishment seldom includes any amount of
incarcerationin a prisonor jail or any other loss of civil rightsndash 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 remedyor mitigate the situation. According to the USC title 18 Part II Chapter 227 the fine for an infraction is not to exceed $5000 (although normally less then $1000) and the maximum prison sentence is 5 days of incarceration, and common law puts the maximum incarceration at 6 months for local jurisdictions. [" Callan v. Wilson", ussc|127|540|1888] [" Duncan v. Louisiana", ussc|391|145|1968]
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
courthearingndash in which case a citation is the same as a conviction.Fact|date=October 2008
Examples of infractions include
jaywalking, littering, violations of municipal codes (such as buildingor housing), disturbing the peace, or falsification of information. In many jurisdictions today, minor traffic violations have been decriminalized and classified as infractions. For example, in Kern County, California(a county in which Interstate 5crosses its western edge), large numbers of speeders are ticketed every year while travelling between the Los AngelesArea and the San Francisco Bay Areafor excess of 100mph. This is generally considered an infraction resulting in only a fine. In the state of Oregon, possession of less than one ounce of cannabis(marijuana) is an infraction rather than a crime. [ [http://www.osbar.org/public/legalinfo/1079.htm Oregon Marijuana Law ] ]
Nowadays, many jurisdictions allow first time offenses for minor
misdemeanorsincluding trespassing, petty theft, disorderly conduct, and marijuanapossession to be reduced to infractions, or municipal ordinance violations, allowing the defendant to avoid having a criminal record which would otherwise jeopardize his long term prospects. This is particularly true if the defendant received only a citation instead of being arrested. However, by allowing a first time misdemeanor offense to be reduced to an infraction, this could also serve as an aggravating factor if the person were to be caught committing another crime.
Summary offence(English law)
*"Black's Law Dictionary", ISBN 0-314-25791-8
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infraction — [ ɛ̃fraksjɔ̃ ] n. f. • 1250; lat. infractio, de frangere « briser » → enfreindre 1 ♦ Violation d un engagement, d une loi, d une convention. ⇒ contravention, dérogation, faute, manquement, rupture, transgression. Infraction à une règle, au… … Encyclopédie Universelle
infraction — in·frac·tion /in frak shən/ n: the act of infringing: violation in·fract / frakt/ vt Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 … Law dictionary
infraction — in‧frac‧tion [ɪnˈfrækʆn] noun [countable, uncountable] when someone breaks a rule or law: • We would like more detailed records of airlines safety infractions. • The next incident or infraction will result in dismissal. * * * infraction UK US… … Financial and business terms
Infraction — In*frac tion, n. [L. infractio: cf. F. infraction.] The act of infracting or breaking; breach; violation; nonobservance; infringement; as, an infraction of a treaty, compact, rule, or law. I. Watts. [1913 Webster] … The Collaborative International Dictionary of English
infraction — Infraction. s. f. v. Transgression, contravention. Il n a d usage qu en parlant de Traité, de Loy &c. Ils ont fait une infraction au Traité, contre le Traité. l infraction des Loix, des Privileges … Dictionnaire de l'Académie française
infraction — mid 15c., the breaking of an agreement, from M.Fr. infraction and directly from L. infractionem (nom. infractio) a breaking, weakening, noun of action from pp. stem of infringere (see INFRINGE (Cf. infringe)) … Etymology dictionary
Infraction — Infraction, lat. deutsch, Bruch, Uebertretung; infract, eingeknickt, botan. Bezeichnung eines Blatts, Zweigs etc., der seine Richtung plötzlich ändert; infrangibel, unzerbrechlich … Herders Conversations-Lexikon
infraction — *breach, violation, transgression, infringement, trespass, contravention Analogous words: *offense, sin, crime, vice, scandal: slip, lapse, faux pas, *error Antonyms: observance … New Dictionary of Synonyms
infraction — [n] violation breach, breaking, contravention, crime, error, faux pas, infringement, lapse, offense, sin, slip*, transgression, trespass; concepts 192,645 Ant. obedience … New thesaurus
infraction — ► NOUN chiefly Law ▪ a violation or infringement of a law or agreement. DERIVATIVES infractor noun. ORIGIN Latin, from infringere infringe … English terms dictionary