attainder 音標拼音: [ət'endɚ]
n . 剝奪公民權
剝奪公民權
attainder n 1 :
cancellation of civil rights [
synonym : {
attainder }, {
civil death }]
Attainder \
At *
tain "
der \,
n . [
OF .
ataindre ,
ateindre ,
to accuse ,
convict .
Attainder is often erroneously referred to F .
teindre tie stain .
See {
Attaint }, {
Attain }.]
1 .
The act of attainting ,
or the state of being attainted ;
the extinction of the civil rights and capacities of a person ,
consequent upon sentence of death or outlawry ;
as ,
an act of attainder . --
Abbott .
[
1913 Webster ]
Note :
Formerly attainder was the inseparable consequence of a judicial or legislative sentence for treason or felony ,
and involved the forfeiture of all the real and personal property of the condemned person ,
and such "
corruption of blood "
that he could neither receive nor transmit by inheritance ,
nor could he sue or testify in any court ,
or claim any legal protection or rights .
In England attainders are now abolished ,
and in the United States the Constitution provides that no bill of attainder shall be passed ;
and no attainder of treason (
in consequence of a judicial sentence )
shall work corruption of blood or forfeiture ,
except during the life of the person attainted .
[
1913 Webster ]
2 .
A stain or staining ;
state of being in dishonor or condemnation . [
Obs .]
[
1913 Webster ]
He lived from all attainder of suspect . --
Shak .
[
1913 Webster ]
{
Bill of attainder },
a bill brought into ,
or passed by ,
a legislative body ,
condemning a person to death or outlawry ,
and attainder ,
without judicial sentence .
[
1913 Webster ]
ATTAINDER ,
English criminal law .
Attinctura ,
the stain or corruption of blood which arises from being condemned for any crime .
2 .
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 .
3 .
Attainder by verdict ,
is when the prisoner at the bar pleads not guilty to the indictment ,
and is pronounced guilty by the verdict of the jury .
4 .
Attainder by process or outlawry ,
is when the party flies ,
and is subsequently outlawed .
Co .
Lit .
391 .
5 .
Bill of attainder ,
is a bill brought into parliament for attainting persons condemned for high treason .
By the constitution of the United States ,
art .
1 ,
sect .
9 ,
Sec .
3 ,
it is provided that no bill of attainder or ex post facto law shall be passed .
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