Legal Definitions - attainder

Attainder refers to a historical legal consequence where a person convicted of a serious crime, such as treason or a felony punishable by death, would lose all civil rights and legal standing. This meant they were considered "dead in law," unable to own property, inherit, sue, be a witness in court, or perform any other legal functions. This concept is largely obsolete in modern legal systems, particularly in countries with constitutional protections against such punishments.

Here are some examples illustrating the concept of attainder:

• Imagine a scenario in 16th-century England where a nobleman, Lord Blackwood, is found guilty of treason against the Crown. Under the principle of attainder, he would not only face execution but also suffer the forfeiture of all his lands, titles, and possessions to the Crown. His family would be legally barred from inheriting from him, and he would be unable to make a will or participate in any legal proceedings, as his legal existence was extinguished.

  This example illustrates how attainder resulted in the loss of property rights and the inability to perform legal functions like inheritance or estate planning.

• Consider a person named Eleanor Vance in 17th-century colonial America who was declared an outlaw after fleeing justice for a serious felony. Due to attainder, Eleanor would lose her right to bring a lawsuit against someone who had wronged her, even if she had a legitimate claim. Furthermore, if she were ever captured and brought to trial, she would be legally disqualified from testifying in her own defense or as a witness in any other court case, as her legal standing was completely revoked.

  This demonstrates the loss of legal standing, the inability to sue, and the disqualification from serving as a witness in court due to attainder.

• In a historical context before modern constitutional safeguards, a merchant named Arthur Finch, convicted of a capital crime, might face attainder. Even if he received a pardon from execution, the attainder could mean he was legally unable to enter into new contracts, hold any public office, or even legally marry without special dispensation. He would be considered to have no legal existence or capacity to engage in civil society.

  This highlights the broad "civil death" aspect of attainder, affecting a person's ability to engage in fundamental civil activities like contracting, holding office, and even personal legal status.