The word "attainder" is spelled as /əˈteɪndər/. It is a legal term that refers to the forfeiture of a person's rights and property as a punishment for a crime. The pronunciation of "attainder" is divided into four syllables, with the primary stress on the second syllable. The "ai" in the first syllable is pronounced as the schwa sound /ə/. The "nd" in the third syllable is often pronounced as /n/ instead of /nd/ in casual speech. The final syllable is pronounced as /ər/.
Attainder is a legal term commonly used in constitutional and criminal law to denote a form of punishment that involves the deprivation of a person's civil rights and property due to being convicted of a serious crime. The fundamental concept behind attainder is the notion of guilt by association, as it pertains to the punishment not only of the individual offender but also of their family or heirs.
In historical contexts, attainder was often imposed as a result of treason or other offenses against the state. The punishment typically included the confiscation of the convict's property, thereby precluding their descendants from inheriting their estates. Moreover, individuals subjected to attainder were stripped of certain legal rights, such as the ability to hold public office, vote, or even attend court. Essentially, it was a way to permanently stain the individual and their lineage with legal and social disabilities.
This method of punishment was widely employed in medieval and early modern Europe, particularly during times of political upheaval or when the ruling powers sought to eliminate any potential threats. However, the practice has significantly declined over the centuries, with numerous legal jurisdictions abolishing or severely restricting its use. The concept of attainder is now viewed as a violation of fundamental human rights and due process, as it targets not only the guilty individual but also their innocent family members.
That which renders impure: the loss of civil rights and whole estate for the crime of treason or other capital offence by a judicial sentence, is called an act of attainder.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
The word "attainder" originated in Middle English, derived from the Old French term "ataindre", which means "to reach" or "to attain". This Old French word, in turn, comes from the Latin word "attangere", which has the same meaning. The prefix "at-" in both Old French and Latin strengthens the verb, implying a sense of "reaching completely" or "attaining fully". Over time, the term "attainder" gained a legal connotation, specifically referring to the judicial action of depriving a person of their civil rights or property due to their conviction for a serious offense.