attainder
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attainder
n.
loss of property and rights (Law); disgrace (Archaic)
Attainder
In English
criminal law,
attainder or
attinctura was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious
capital crime (
felony or
treason), without
judicial trial. It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Both men and women condemned of capital crimes could be attainted.
attainder
Noun
1. cancellation of civil rights
(synonym) civil death
(hypernym) cancellation
Attainder
(n.)
The act of attainting, or the state of being attainted; the extinction of the civil rights and capacities of a person, consequent upon sentence of death or outlawry; as, an act of attainder.
(n.)
A stain or staining; state of being in dishonor or condemnation.
Webster's Revised Unabridged Dictionary (1913), edited by Noah Porter.
About
Attainder
English Criminal Law. Attinctura, the stain or corruption of blood which arises from being condemned for any crime.
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 at 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.
Bill Of Attainder, is a bill brought into parliament for attainting persons condemned for high treason. The U.S. Constitution Art. I, sect. IX, 3, provides that no bill of attainder or ex post facto law shall be passed.
This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.