what is the constitutional definition of treason and the standard to convict??

Answer 1

It's in the Constitution. In fact, it's the ONLY crime defined in the Constitution.

Section 3. Treason against the United States, 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.

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.


Richard

Answer 2

Treason (general case) is usually defined as "materially aiding the enemies of the nation of which you are a citizen"

This is usually taken to include

-spying
-counterspying
-outing spies
-harboring or housing the enemy in time of war
-participating in actual attempts to violently overthrow the government
-funding, supplying, or housing terrorists who would violently attempt to overthrow the government
-publication of material covered by one or more government secrecy acts CAN be treasonous, depending on the nature of the material so published. Those statutes have their own special definitions sometimes so it is hard to be specific.

NON-treasonous acts are surprisingly wide-open

- Free exercise of politically dissident speech is NOT considered treason - though it can make you socially very unpopular.
- Writing a dissident editorial opinion won't do it, either.
- Carrying a picket sign in a demonstration for which a proper parade permit was obtained is also protected.
- Copying material in the public domain is not treasonous. Copying material available from a published source will not be treasonous - though it might be actionable as a violation of copyrighted material, depending on your source.

The standard to convict, since it is a criminal charge, is usually the "beyond a reasonable doubt" standard.

Compare to civil charges where the standard is "based on a preponderance of the evidence." That is, 50.00001% likely. Which is why O.J. got away with murder but not with the associated civil liability for the same murder.