Legal Definitions - attaint

To be attaint, as an adjective, means to have one's reputation severely damaged or to be legally disgraced, often in connection with a serious crime or a historical legal process that stripped individuals of their rights and property.

• After a prominent CEO was implicated in a financial scandal, even though eventually acquitted, their name remained attaint in the public eye, making it impossible for them to secure another high-profile corporate position.

  Explanation: This example illustrates the reputational damage aspect of being attaint, where public perception of guilt or wrongdoing persists despite a legal acquittal.

Historically, attaint (as a noun) referred to a specific legal procedure in English common law, abolished in 1826. It was a formal legal order, or writ, used to investigate whether a jury of 12 people had delivered a false verdict in a civil case. If a larger jury (typically 24 people) found that the original jury had indeed given a false verdict, the initial judgment would be overturned, and the original jurors could face severe penalties, including imprisonment, fines, and the loss of civil rights.

• In 17th-century England, if a landowner lost a property dispute due to a jury verdict they believed was corrupt or mistaken, they could petition the King's Bench for a writ of attaint. A new, larger jury would then be assembled to re-examine the evidence. If this second jury concluded the first jury's verdict was false, the original judgment would be reversed, and the first jurors could be severely punished for their error.

  Explanation: This demonstrates the historical legal process where a higher court could review and potentially overturn a jury's verdict, punishing the original jurors for a perceived false decision.

• Consider a case from the early 1800s where a merchant was found liable for a large debt by a local jury. If the merchant's legal team could present compelling evidence that the jury had overlooked crucial facts or been swayed by prejudice, they might have sought an attaint. If the subsequent, larger jury agreed that the initial verdict was flawed, the merchant would be relieved of the debt, and the original jurors would face legal repercussions for their misjudgment.

  Explanation: This example highlights how an attaint served as a mechanism to challenge and potentially nullify a civil judgment based on a jury's perceived false verdict, with significant consequences for the original jurors.