Uncommon

Attainder

Ancient penalty, usually for high treason

Attainder

Uncommon card · No. 162140

In English common law, attainder was the metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). It entailed losing not only one's life, property and hereditary titles, but typically also the right to pass them on to one's heirs. Anyone condemned of capital crimes could be attainted, sometimes as a substitute for the dreaded common law treason. Attainder by confession resulted from a guilty plea at the bar before judges or before the coroner in sanctuary. Attainder by verdict resulted from conviction by jury. Attainder by process resulted from a legislative act: parliament would outlaw a particular named fugitive (a bill of attainder). The last form is obsolete in England (and prohibited by constitutional law in the United States), and the other forms have been abolished.

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