Legal Definitions - bill of attainder

A bill of attainder is a legislative act that declares a person or a group of people guilty of a crime and imposes a punishment, all without the benefit of a judicial trial. Essentially, it allows a legislative body (like Congress or a state legislature) to act as both prosecutor and judge, bypassing the court system and denying individuals the fundamental protections of due process, such as the right to present a defense, confront witnesses, or have a neutral arbiter decide guilt.

In the United States, bills of attainder are expressly forbidden by the Constitution. This prohibition ensures the separation of powers, preventing the legislative branch from overstepping its role and encroaching upon the functions of the judicial branch. It safeguards the principle that only courts, through established legal procedures, can determine guilt and impose punishment for crimes.

To determine if a law functions as an unconstitutional bill of attainder, courts generally look for three key characteristics:

• The law inflicts a punishment.
• The law targets specific, identifiable individuals or groups, rather than applying generally to everyone.
• The individuals or groups targeted would otherwise be entitled to the protections of a judicial trial.

Here are some examples to illustrate this concept:

• Example 1: Direct Naming and Punishment

  Imagine a state legislature passes a law stating, "John Doe, Jane Smith, and Robert Johnson are hereby declared guilty of tax fraud and must each pay a fine of $100,000." This law directly names specific individuals, declares them guilty of a crime, and imposes a punishment (a fine) without any trial. This clearly bypasses the judicial process and would be an unconstitutional bill of attainder.

• Example 2: Targeting an Identifiable Group

  Following a public scandal involving a specific financial firm, Congress passes a law stating, "All former executives of 'Global Investments Inc.' who served between 2018 and 2022 are permanently barred from holding any position in the financial industry and must forfeit all retirement benefits earned during that period." While not naming individuals directly, this law targets a clearly identifiable group (former executives of a specific company during a specific timeframe). It imposes a punishment (barring from industry, forfeiture of benefits) based on an implicit declaration of wrongdoing, without any individual trial or due process to determine actual guilt or responsibility. This would constitute a bill of attainder.

• Example 3: Specific Individual and Punitive Action

  A city council, upset with a local landlord's business practices, passes an ordinance that states, "Mr. David Miller is hereby prohibited from owning or managing any rental property within city limits for the next ten years, effective immediately." This ordinance targets a single, specific individual (Mr. David Miller). The prohibition from owning or managing property, especially for a lengthy period and without a judicial hearing to determine any wrongdoing, functions as a punitive measure, effectively punishing him for perceived misconduct without due process. This would be considered a bill of attainder.