|
A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. The United States Constitution forbids both the federal and state governments from enacting bills of attainder, in Article 1, Sections 9 and 10, respectively. It was considered an excess or abuse of the British monarchy and Parliament. They were abolished in the United Kingdom in 1870, but they had in any case been rarely used.[1] Image File history File links Scale_of_justice. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ...
A search warrant is a written warrant issued by a judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense. ...
In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ...
A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ...
An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ...
I love this law whereby police, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ...
The Chicago Police Department arrests a man An arrest is the action of the police, or person acting under the law, to take a person into custody so that they may be forthcoming to answer for the commission of a crime. ...
The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ...
The Miranda warning is a police warning that must be given to criminal suspects in police custody in the United States before they can be asked questions relating to the commission of crimes. ...
A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ...
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ...
A statute of limitations is a statute in a common law legal system setting forth the maximum period of time, after certain events, that legal proceedings based on those events may begin. ...
Nolle prosequi is a Latin legal phrase meaning unwilling to pursue. ...
An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ...
Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ...
Extradition is a formal process by which a criminal suspect held by one government is handed over to another government for trial or, if the suspect has already been tried and found guilty, to serve his or her sentence. ...
In common law countries, habeas corpus (/heɪbiəs kɔɹpəs/), Latin for you [should] have the body, is the name of a legal instrument or writ by means of which detainees can seek release from unlawful imprisonment. ...
The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ...
An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ...
The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ...
Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ...
In the common law legal system, an indictment is a formal charge of having committed a serious criminal offence. ...
In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ...
In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ...
In both criminal and civil trials in the United States, a plea of nolo contendere means that the defendant neither admits nor disputes the charge. ...
A plea bargain is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ...
Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ...
The law of evidence governs the use of testimony (e. ...
Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or...
A legislature is a type of representative deliberative assembly with the power to adopt laws. ...
The United States Constitution is the supreme law of the United States of America. ...
1870 (MDCCCLXX) was a common year starting on Saturday (see link for calendar) of the Gregorian calendar or a common year starting on Monday of the 12-day-slower Julian calendar. ...
Origin
The word "attainder", meaning "taintedness", is part of English common law. Under English law, a criminal condemned for some crime, usually treason, could be declared "attainted", meaning that his civil rights were nullified: He could no longer own property or pass property to his family by will or testament. His property would consequently revert to the Crown. Any peerage titles would also revert to the Crown. The convicted person might also be punished in other ways; for example, in the case of attainder for treason, he could be executed. To meet Wikipedias quality standards, this article or section may require cleanup. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The examples and perspective in this article or section may not represent a worldwide view. ...
Bills of attainder evolved into a convenient way for the King to convict subjects of crimes and confiscate their property without the bother of a trial—and without the need for a conviction or indeed any evidence at all. This article describes the British monarchy from the perspective of the United Kingdom. ...
In some cases (at least regarding the peerage) the Crown would eventually re-grant the convicted peer's lands and titles to his heir. It was also possible, as political fortunes turned, for a bill of attainder to be reversed. This might even happen long after the convicted person was dead.
The first use of attainder was in 1321 against the Earl of Winchester and the Earl of Gloucester, who both shared the name Hugh le Despenser, and the last in 1798 against Lord Edward FitzGerald for leading the Irish Rebellion of 1798. Events Births September 29 - John of Artois, Count of Eu, French soldier (d. ...
The title of Earl of Winchester was created several times in the Peerage of England in the Middle Ages. ...
The title of Earl of Gloucester was created several times in the Peerage of England. ...
Hugh le Despenser (or Hugh Despenser) was the name of five English lords during the 13th and 14th centuries, in a direct line of descent. ...
1798 was a common year starting on Monday (see link for calendar). ...
The Lord Edward FitzGerald (15 October 1763 - 4 June 1798) was an Irish aristocrat and revolutionary. ...
The Irish Rebellion of 1798 (Éirà Amach 1798 in Irish), or 1798 rebellion as it is known locally, was an uprising in 1798, lasting several months, against the British dominated Kingdom of Ireland. ...
In Britain, those executed after the passing of Attainders include Thomas Cromwell (1540), Margaret Pole, Countess of Salisbury (1540), Catherine Howard (1542), Thomas Howard (1572), Thomas Wentworth (1641), and the Duke of Monmouth. In the case of Catherine Howard, in 1541 King Henry VIII was the first monarch to delegate Royal Assent, to avoid having to assent personally to the act. 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. ...
Margaret Pole (1473 - 1541), Countess of Salisbury, was the daughter of George, Duke of Clarence, brother of Edward IV and Isabella Neville . ...
Miniature watercolour portrait of Catherine Howard, attributed to Hans Holbein the Younger. ...
Thomas Howard, 4th Duke of Norfolk Thomas Howard, 4th Duke of Norfolk (March 10, 1536 — 1572) and 1st Earl of Southampton, was entrusted by Queen Elizabeth I of England with public office despite his family history and his prior support for the Catholic cause, although he claimed to be a...
Thomas Wentworth, 1st Earl of Strafford in an Armour, 1639, by Sir Anthony van Dyck. ...
James Scott, 1st Duke of Monmouth James Crofts, later James Scott, 1st Duke of Monmouth and of Buccleuch (April 9, 1649 – July 15, 1685) was born in Rotterdam in the Netherlands, the illegitimate son of Charles II and his mistress, Lucy Walter, who had followed him into continental exile after...
Events The first official translation of the entire Bible in Swedish February 12 - Pedro de Valdivia founds Santiago de Chile. ...
For the play, see Henry VIII (play). ...
// The granting of Royal Assent is the formal method by which a constitutional monarch completes the legislative process of lawmaking by formally assenting to an Act of Parliament. ...
Although deceased by the time of the Restoration, the regicides John Bradshaw, Oliver Cromwell, Henry Ireton and Thomas Pride were served with a Bill of Attainder on 15 May 1660 backdated to January 1, 1649 (NS). After the committee stages the Bill of Attainder passed both the Houses of Lords and Commons and was ingrossed on 4 December 1660. This was followed with a resolution "That the Carcases of Oliver Cromwell, Henry Ireton, John Bradshaw, and Thomas Pride, whether buried in Westminster Abbey, or elsewhere, be, with all Expedition, taken up, and drawn upon a Hurdle to Tiburne, and there hanged up in their Coffins for some time; and after that buried under the said Gallows: And that James Norfolke Esquire, Serjeant at Arms attending the House of Commons, do take care that this Order be put in effectual Execution." This also passed both Houses on the same day.[1][2][3] King Charles II, the first monarch to rule after the English Restoration. ...
Regicides of Charles I are considered to be the 59 Commissioners (Judges) who formed the tribunal that tried King Charles I of England and signed his death warrant, along with other officials who participated in his trial or execution, and Hugh Peters an influential republican preacher. ...
John Bradshaw (1602-October 31, 1659) was one of the judges to preside over the trial and subsequent death sentence of Charles I of England. ...
For the Monty Python song based on the historical figure, see Oliver Cromwell (song) Oliver Cromwell (April 25, 1599 – September 3, 1658) was an English military and political leader, considered by critics to be a dictator, best known for making England a republic and leading the Commonwealth of England. ...
Henry Ireton Henry Ireton (1611 - November 26, 1651), English was a general in the army of Parliament during the English Civil War. ...
For the recipient of the Victoria Cross see Thomas Pride (VC). ...
May 15 is the 135th day of the year in the Gregorian Calendar (136th in leap years). ...
// Events January 1 - Colonel George Monck with his regiment crosses from Scotland to England at the village of Coldstream and begins advance towards London in support of English Restoration. ...
January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ...
// Events January 30 - King Charles I of England, Scotland and Ireland is beheaded. ...
In Britain and countries of the British Empire, Old Style or O.S. after a date means that the date is in the Julian calendar, in use in those countries until 1752; New Style or N.S. means that the date is in the Gregorian calendar, adopted on 14 September...
December 4 is the 338th day (339th on leap years) of the Gregorian calendar. ...
// Events January 1 - Colonel George Monck with his regiment crosses from Scotland to England at the village of Coldstream and begins advance towards London in support of English Restoration. ...
American usage Bills of attainder were used through the 18th century in England, and were applied to English colonies as well. One of the motivations for the American revolution was anger at the injustice of attainder—though the Americans themselves used bills of attainder to confiscate the property of English loyalists (called tories) during the revolution. American dissatisfaction with attainder laws motivated their prohibition in the Constitution (see the case of Parker Wickham). The provision forbidding state law bills of attainder reflects the importance that the framers attached to this issue, since the unamended constitution imposes very few restrictions on state governments' power. (17th century - 18th century - 19th century - more centuries) As a means of recording the passage of time, the 18th century refers to the century that lasted from 1701 through 1800. ...
Combatants American Revolutionaries, France, The Netherlands, Spain, American Indians Great Britain, German mercenaries, Loyalists, American Indians Canadian Indians Commanders George Washington, Comte de Rochambeau, Nathanael Greene, Bernardo de Gálvez Sir William Howe, Sir Henry Clinton, Lord Cornwallis (more commanders) The American Revolutionary War (1775–1783), also known as the...
United Empire Loyalists is the name given to the portion of British Loyalists who resettled in British North America and other British Colonies as an act of fealty to King George III after the British defeat in the American Revolutionary War, and to recover lost fortunes (land and private property...
This article or section does not cite its references or sources. ...
Parker Wickham (February 28, 1727–May 22, 1785) is famous for being a Loyalist politician who was banished from the State of New York under dubious circumstances. ...
Within the U.S. Constitution, the clauses forbidding attainder laws serve two purposes. First, they reinforced the separation of powers, by forbidding the legislature to perform judicial functions—since the outcome of any such acts of legislature would of necessity take the form of a bill of attainder. Second, they embody the concept of due process, which was later reinforced by the Fifth Amendment to the Constitution. The text of the Constitution, Article I, Section 9; Clause 3 is: The separation of powers (or trias politica, a term coined by French political, enlightenment thinker Montesquieu) is a model for the governance of democratic states. ...
In law, the judiciary or judicature is the system of courts which administer justice in the name of the sovereign or state, and provide a mechanism for the resolution of disputes. ...
In United States law, adopted from English law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...
Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...
- No Bill of Attainder or ex post facto Law shall be passed.
The constitutions of each and every State within the American Union also expressly forbid bills of attainder. For example, Wisconsin's constitution Article I, Section 12 reads: - No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate.
Contrast this with the subtly more modern variation with the Texas version: Article 1 (Titled Bill of Rights) Section 16, entitled Bills of Attainder; Ex Post Facto or Retroactive Laws: Imparing Obligation of Contracts: - No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.
Up until 2002, only five acts of Congress had ever been overturned on bill of attainder grounds. The Elizabeth Morgan Act was overturned in 2003 as a bill of attainder. Many suggested that the Palm Sunday Compromise in the case of Terri Schiavo was also a bill of attainder. The Elizabeth Morgan Act was an act of Congress, as a rider, on behalf of Elizabeth Morgan. ...
The Palm Sunday Compromise, a private bill more properly known as the Act for the relief of the parents of Theresa Marie Schiavo, is the colloquial name for an Act of Congress passed on March 21, 2005, to allow the case of Terri Schiavo to be moved into a federal...
Theresa Marie Terri Schiavo (December 3, 1963 – March 31, 2005) was a woman from St. ...
The Great Act of Attainder The British King James II, driven off by the ascent of William and Mary in the Glorious Revolution, came to Ireland intent on reclaiming his throne. With his arrival, the Parliament of Ireland began work on a list of names, eventually tallying around three thousand. Those on the list were to report to Dublin for sentencing. One man, Lord Mountjoy, was in the Bastille at the time and was told by the Irish Parliament that he must break out of his cell and make it back to Ireland for his punishment, or face the grisly process of being drawn and quartered.[4] James II of England and VII of Scotland (14 October 1633–16 September 1701) became King of England, King of Scots, and King of Ireland on 6 February 1685. ...
The Glorious Revolution was the overthrow of James II of England in 1688 by a union of Parliamentarians and the Dutch stadtholder William III of Orange-Nassau (William of Orange). ...
This article is about the legislature abolished in 1801. ...
The Bastille The Bastille ( ) was a prison in Paris, known formally as Bastille Saint-Antoine—Number 232, Rue Saint-Antoine—best known today because of the storming of the Bastille on July 14, 1789, which along with the Tennis Court Oath is considered the beginning of the French Revolution. ...
Drawing and quartering was part of the penalty once ordained in England for treason. ...
World War II Previously secret British War Cabinet papers released on January 1 2006, have shown that, as early as December 1942, the War Cabinet had discussed their policy for the punishment of the leading Nazis if captured. British Prime Minister Winston Churchill had then advocated a policy of summary execution with the use of an Act of Attainder to circumvent legal obstacles, and was only dissuaded from this by pressure from the U.S. later in the war. [5] A War Cabinet is committee formed by a government in time of war. ...
January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ...
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is in practice the most important political office in the UK. He acts as the head of Her Majestys Government and like other Prime Ministers in Westminster Systems is (along with his Cabinet) the de facto...
This article is becoming very long. ...
See also - Eminent domain, the taking of private property with compensation, for public purpose
Eminent domain (US), compulsory purchase (United Kingdom, New Zealand, Ireland), resumption (Australia) or expropriation (Canada, South Africa) in common law legal systems is the inherent power of the state to expropriate private property without the owners consent, either for its own use or by delegation of the taking power...
Footnotes - ^ House of Commons Journal Volume 8, 15 May 1660
- ^ House of Commons Journal Volume 8, 4 December 1660
- ^ Journal of the House of Commons: volume 8
- ^ Macaulay, History of England from the Accession of James the Second (London, 1855), 216-220
- ^ John Crossland Churchill: execute Hitler without trial in the Sunday Times, January 1, 2006
The Sunday Times is a Sunday broadsheet newspaper distributed in the United Kingdom and Republic of Ireland, published by Times Newspapers Ltd, a subsidiary of News International which is in turn owned by News Corporation. ...
January 1 is the first day of the calendar year in both the Julian and Gregorian calendars. ...
External links
British tradition
American tradition |
Feeds |
Contact