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Attainder

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Attainder, in former English law, penalty following judgment of outlawry or sentence of death for treason or felony. Attainder required the forfeiture of the property of a condemned person and of the person's civil rights to inherit or transmit property to an heir, a condition known as corruption of blood. A parliamentary act imposing attainder without a judicial trial was called a bill of attainder. An English statute of 1870 abolished attainder in its entirety. The U.S. Constitution (Article III, Section 3) provides that “The Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted.” Similar provisions are included in the constitutions of some of the states. In other states all forfeiture of property because of criminal judgments against the owners has been abolished.



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