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Encyclopedia > 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. A bill of attainder (also known as an act or writ of attainder) was an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ...


This is related but slightly different from

His blood be upon us and on our children. Matthew 27:24–25

in that "Corruption of Blood" is the incapacity to inherit, or pass an inheritance, in consequence of an attainder, whereas the Jewish people were, to their later regret, simply accepting the moniker of "Christ-killers", rather than entirely surrendering their humanity.


While simple tactical retaliation sometimes involves anihilating families for the offenses of a single member, civilized countries no longer enforce class or caste and thus avoid formal legal mechanisms that punish offspring for the Sins of the Father. Sins of the Father is the title of an episode from the third season of Star Trek: The Next Generation. ...


Examples of cases where a person's property was subject to Attainder

Thomas Cromwell: detail from a portrait by Hans Holbein, 1532-3 Thomas Cromwell, 1st Earl of Essex ( 1485 - July 28, 1540) was an English statesman, one of the most important political figures of the reign of Henry VIII of England. ... The title of Earl of Strafford has been created several times in British history. ...

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CATHOLIC ENCYCLOPEDIA: Attainder (0 words)
In the popular sense, however, the term "Bill of Attainder" embraces both classes of acts, and in that sense it is evidently used in the Constitution of the United States, as the Supreme Court has declared in Fletcher v.
attainder were used in England as early as 1321 in the procedure employed by Parliament in the banishment of the two Despensers (1 St. tr.
attainder took place after judgment of death, or upon such circumstances as were equivalent to such a judgment or outlawry on a capital crime, pronounced for absconding from justice.
Attainder - LoveToKnow 1911 (872 words)
This attainder took place after judgment of death, or upon such circumstances as were equivalent to judgment of death, such as judgment of outlawry on a capital crime, pronounced for absconding from justice.
On attainder for treason, the criminal forfeited to the crown his lands, rights of entry on lands, and any interest he might have in lands for his own life or a term of years.
The last bill of attainder passed in England was in the case of Lord Edward Fitzgerald, one of the Irish rebel leaders of 1798.
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