Attainder is a legal term that refers to the act of declaring a person guilty of treason or another serious crime without a trial. This declaration carries with it the loss of all civil rights and privileges, including the right to own property and the right to inherit. It also often resulted in the execution of the accused.
Here's a breakdown of what attainder entails:
* No trial: The accused is declared guilty without the benefit of a trial or legal representation.
* Loss of rights: The accused loses all legal rights and privileges, including:
* The right to own property
* The right to inherit
* The right to vote
* The right to hold public office
* Execution: Attainder frequently led to the execution of the accused.
Historically:
Attainder was a common practice in medieval Europe and England. It was used to eliminate political opponents and to punish those who were accused of treason.
In the US:
The US Constitution prohibits the use of bills of attainder (legislation declaring someone guilty without trial) in Article I, Section 9. This ensures that individuals have the right to a fair trial and due process of law.
Modern Usage:
While attainder is no longer a legal practice in most countries, the term can be used metaphorically to refer to the act of stripping someone of their rights or reputation without due process.
Important Note: It's crucial to avoid confusing attainder with "attorney" or "attorney general," which are related but entirely different legal terms.