Attainder

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.

That extinction of civil rights and capacities which takes place whenever a person who has committed treason or felony receives sentence of death tor his crime. 1 Steph. Comm. 408; 1 Bish. Cairn. Law, § 641; Green v. Shumway, 39 N. Y. 481; In re Garland, 32 How. Prae. (N. Y.) 251; Cozens v. Long, 3 N. J. Law, 766; State v. Hastings, 37 Neb. 96, 55 N. W. 781. It differs from conviction, in that it is after judgment, whereas conviction is upon the verdict of guilty, but before judgment pronounced, and may be quashed upon some point of law reserved, or judgment may be arrested. The consequences of attainder are forfeiture of grcrperty and corruption of blood. 4 Bl. Comm. At the common law, attainder resulted in three ways, viz.: by confession, by verdict, and by process or outlawry. The first case was where the prisoner pleaded guilty at the bar, or having fled to sanctuary, confessed his guilt and abjured the realm to save his life. The second was where the prisoner pleaded not guilty at the bar, and the jury brought in a verdict against him. The third, when the person accused made his escape and was outlawed.

— Bill of attainder. A legislative act, directed against a designated person, pronouncing him guilty of an alleged crime, (usually treason,) without trial or conviction according to the recognized rules of procedure, and passing sentence of death and attainder upon him. "Bills of attainder," as they are technically called, are such special acts of the legislature as inflict capital punishments upon persons supposed to be guilty of high offenses, such as trCason and felony, without any conviction in the ordinary course of judicial proceedings If an act inflicts a milder degree of punishment than death, it is called a "bili of pains and penalties," but bath are included in the prohibition in the Federal constitution. Story, Const. § 1344; Cummings v. Missouri, 4 Wall. 323, 18 In Ed. 356; Ex parte Garland, 4 Wall. 387, 18 In Ed. 366; People v. Hayes, 140 N. Y. 484, 35 N. E. 951, 23 L. R. A. 830, 37 Am. St. Ren. 572; Green v. Shumway, 39 N. Y. 431; In re Yung Sing Hee (C. C.) 36 Fed. 439.

The extinction of civil rights and capacities which took place upon judgment of death or outlawry for treason or felony. inability to sue or be sued, and inability to bear witness in a court of law.

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. It differs from conviction, in that it is after judgment, whereas conviction is upon the verdict of guilty, but before judgment pronounced, and may be quashed upon some point of law reserved, or judgment may be arrested. The consequences of attainder are forfeiture of property and corruption of blood. 4 Bl. Comm. 380. At the common law, attainder resulted in three ways, viz.: by confession, by verdict, and by process or outlawry. The first case was where the prisoner pleaded guilty at the bar, or having fled to sanctuary, confessed his guilt and abjured the realm to save his life. The second was where the prisoner pleaded not guilty at the bar, and the jury brought in a verdict against him. The third, when the person accused made his escape and was outlawed.

The extinction of civil rights and capacities which resulted upon judgment of death or outlawry for treason or felony. It included forfeiture of property; corruption of blood, so that nothing could pass by inheritance to the heirs of the person attainted, nor could he himself inherit from others; and inability to bear witness in a court of law, to sue or be sued, or even to be put on trial again for felony.

[L. Lat. attinctura; from Fr. atteindre, to reach to, or overtake, or teindre, to taint, or stain.] In English criminal law. 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. Com, 408. The person so sentenced is called attaint, or attainted, {attinctus, stained or blackened.) He is no longer of any credit or reputation; he cannot be a witness in any court, neither is he capable of performing the functions of a man, for by an anticipation of his punishment he is already dead in law. 4 BL Com, 380. 4 Steph, Com. 446. The consequences of attainder are forfeiture and corruption of blood. 4 BL Com, 381. 8 Id, 251. See Forfeiture, Corruption of blood. Acts of attamder were passed by several of the United States during and shortly after the revolution, but the doctrine of attainder is now scarcely known in American law, and the passage of bills of attainder by the states is expressly prohibited by the constitution of the United States. Const. U. S, Art I. Sect. IX. Stcyry on the Const. (Abr.) §§ 677, 678. U, S. Digest, Attainder.