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Attainder

A Dictionary of Law · Henry Campbell Black · 1891

A Dictionary 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.