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Attainder

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

[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.