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. ”
