attainder

/ateyndar/

At common law, that extinction of civil rights and capacities which took place whenever a person who had committed treason or felony received sentence of death for his crime. The effect of "attainder" upon such felon was, in general terms, that all his estate, real and personal, was forfeited.

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.

In England, by statute 33 & 34 Viet. c. 23, attainder upon conviction, with consequent corruption of blood, forfeiture, or escheat, was abolished.

In the United States, the doctrine of attainder is now scarcely known, although during and shortly after the Revolution acts of attainder were passed by several of the states. The passage of such bills is expressly forbidden by the Constitution (Art. I, Sec. 9).

Bills of attainder.

Such special acts of the legislature as inflict capital punishments upon persons supposed to be guilty of high offenses, such as treason 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 "bill of pains and penalties," but both are included in the prohibition in the Constitution (Art. I, Sec. 9). Losier v. Sherman, 157 Kan. 153, 138 P.2d 272, 273; State v. Graves, 352 Mo. 1102, 182 S.W.2d 46, 54.

See also bill