Attainder - Passage in Parliament

Passage in Parliament

In the Westminster system, a bill of attainder is a bill passed by Parliament attainting persons condemned for high treason, or, in rare cases, a lesser crime. Notably, a person thus attainted need not have been convicted of treason in a court of law. Consequently, attainder has historically been used for political purposes against people whose guilt would have been difficult to prove, or indeed who were entirely innocent. Bills of attainder are also available to condemn criminals who cannot be brought to justice.

A bill of attainder was last passed in Britain in 1798. Attainders by confession, verdict and process were abolished in the United Kingdom by the Forfeiture Act 1870 (33 & 34 Vict., c.23).

Section 9 of Article One of the United States Constitution provides that no bill of attainder or ex post facto law shall be passed by Congress. The following Section 10 forbids states from passing them.

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