Summary

Joseph McKenna United States v. Moreland — Dissent

It is not the provision for hard labor, but the imprisonment in a penitentiary, which now renders a crime in famous. Commitment to a penitentiary, with or without hard labor, connotes infamy, because it is proof of the conviction of a crime of such a nature that infamy was a prescribed consequence. Con finement in a penitentiary is the modern substitute for the death penalty and for the other forms of corporal punishment which, at the time of the adoption of the Fifth Amendment, were still administered in America for most of the crimes deemed serious.
Source: Wikisource

Joseph McKenna United States v. Moreland — Dissent

Hard labor was not considered an essential element of the penitentiary punishment; and experience proved that it was in fact an alleviation. The most severe punishment inflicted was solitary confinement without labor. [16] Hard labor regularly pursued and productively employed had for two centuries been applied as a corrective measure in the effort to deal with social delinquents.
Source: Wikisource

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