Attainder in United States
Attainder Definition
That extinction of civil rights and capacities which takes place whenever a person who has committed treason or felony receives sentence of death for his crime. 1 Steph. Comm. 408; 1 Bish. Crim. Law, § 641. Attainder by confession is either by pleading guilty at the bar before the judges, and not putting one’s self on one’s trial by a jury, or before the coroner in sanctuary, when, in ancient times, the offender was obliged to abjure the realm. Attainder by verdict is when the prisoner afe the bar pleads not guilty to the indictment, and is pronounced guilty by the verdict of the jury. Attainder by process or outlawry is when the party flies, and is subsequently outlawed. Co. Litt. 391. The efifect of attainder upon a felon is, in general terms, that all his estate, real and personal, is forfeited; that his blood is corrupted, and so nothing passes by inheritance to, from, or through him (1 Wm. Saund. 361, note; 6 Coke, 63a, 68b; 2 Rob. Ecc. 547; 24 Eng. Law & Eq. 598) ; that he cannot sue in a court of justice (Co. Litt. 130a). See 2 Gibbett, Crim. Law; 1 Bish. Crim. Law, § 641.
Attainder in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Attainder | Attainder in the World Legal Encyclopedia. |
| Attainder | Attainder in the European Legal Encyclopedia. |
| Attainder | Attainder in the Asian Legal Encyclopedia. |
| Attainder | Attainder in the UK Legal Encyclopedia. |
| Attainder | Attainder in the Australian Legal Encyclopedia. |
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| Attainder | Attainder in the Family Law Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the IP Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Commercial Law Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Criminal Law Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Antritrust Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Tax Law Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Attainder | Attainder in the Environmental Law Portal of the American Encyclopedia of Law. |
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Legal Issue for Attorneys
That extinction of civil rights and capacities which takes place whenever a person who has committed treason or felony receives sentence of death for his crime. 1 Steph. Comm. 408; 1 Bish. Crim. Law, § 641. Attainder by confession is either by pleading guilty at the bar before the judges, and not putting one’s self on one’s trial by a jury, or before the coroner in sanctuary, when, in ancient times, the offender was obliged to abjure the realm. Attainder by verdict is when the prisoner afe the bar pleads not guilty to the indictment, and is pronounced guilty by the verdict of the jury. Attainder by process or outlawry is when the party flies, and is subsequently outlawed. Co. Litt. 391. The efifect of attainder upon a felon is, in general terms, that all his estate, real and personal, is forfeited; that his blood is corrupted, and so nothing passes by inheritance to, from, or through him (1 Wm. Saund. 361, note; 6 Coke, 63a, 68b; 2 Rob. Ecc. 547; 24 Eng. Law & Eq. 598) ; that he cannot sue in a court of justice (Co. Litt. 130a). See 2 Gibbett, Crim. Law; 1 Bish. Crim. Law, § 641.
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Notice
This definition of Attainder Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
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See Also
Common Law.
Further Reading (Articles)
Are State Marriage Amendments Bills of Attainder?: A Case Study of Utah’s Amendment Three, Brigham Young University Law Review; January 1, 2005; Walker, Daniel H.
The Bill of Attainder Clauses: Protections from the Past in the Modern Administrative State, Ave Maria Law Review; January 1, 2014; Cavaliere, John J.,, III
Bill of Attainder, Encyclopedia of the American Constitution; January 1, 2000
Is Amendment 2 really a bill of attainder? Some questions about Professor Amar’s analysis of Romer. (response to article in this issue by Akhil Reed Amar, p. 203), Michigan Law Review; October 1, 1996; Hills, Roderick M., Jr
The Substance of Punishment under the Bill of Attainder Clause, Stanford Law Review; May 1, 2011; Dick, Anthony
Attainder, Acts of, Encyclopedia of the American Revolution: Library of Military History; January 1, 2006
Attainder of Treason, Encyclopedia of the American Constitution; January 1, 2000
Commentary: With bills of attainder, conservatives went too far, Daily Record (Rochester, NY); January 6, 2010; Scott Forsyth
NADLER: REPUBLICAN EFFORTS TO SMEAR AND PUNISH PLANNED PARENTHOOD AMOUNT TO UNCONSTITUTIONAL BILL OF ATTAINDER. States News Service; February 18, 2011
REP. NADLER: REPUBLICAN EFFORTS TO SMEAR AND PUNISH PLANNED PARENTHOOD AMOUNT TO UNCONSTITUTIONAL BILL OF ATTAINDER, US Fed News Service, Including US State News; February 18, 2011
Constitutional Law – Separation of Powers – Second Circuit Holds That Law Barring ACORN from Receiving Federal Funding Is Not a Bill of Attainder, Harvard Law Review; January 1, 2011
Can a Reparations Package Be a Bill of Attainder?, Independent Review; March 22, 2002; Manweller, Mathew
NADLER LAUDS COURT’S VINDICATION OF RULE OF LAW IN ACORN BILL OF ATTAINDER CASE. States News Service; March 12, 2010
Judicial Review for the Convicted Felon in Australia-A Consideration of Statutory Context and the Doctrine of Attainder, University of Western Sydney Law Review; January 1, 2012; Donnelly, Jason
Attainder and Amendment 2: Romer’s rightness. Michigan Law Review; October 1, 1996; Amar, Akhil Reed
bill of attainder, Webster’s NewWorld Dictionary; January 1, 1988
attainder, Webster’s NewWorld Dictionary; January 1, 1988;
Consolidated Edison Co. of New York, Inc. V. Pataki, Energy Law Journal; January 1, 2003; Rice, Seth A.
DEFUNDING ACORN: NECESSARY AND PROPER, AND CERTAINLY CONSTITUTIONAL. States News Service; September 25, 2009
Duke of Argyll joins Jacobite rebels to petition Queen
for clemency, Scotland on Sunday (Edinburgh, Scotland); May 13, 2012; Tom Peterkin Scottish
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