AUTREFOIS ATTAINT Meaning and
Definition
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Autrefois attaint is a legal term derived from French, which refers to a doctrine in common law that establishes that a previous conviction can be used as evidence in a subsequent trial. The term is primarily used in the context of criminal law.
When an individual is accused of a crime, the prosecution may seek to introduce evidence of prior convictions to demonstrate a pattern of criminal behavior or to establish the defendant's guilt. Autrefois attaint allows the prosecution to introduce evidence from a previous trial where the accused was already convicted for a similar offense. The doctrine essentially prevents the defendant from being acquitted of a charge that they have previously been found guilty of.
Autrefois attaint is based on the principle of recidivism, which assumes that an individual's prior convictions indicate a likelihood of repeat offences. However, the doctrine is subject to certain limitations to ensure fairness and prevent potential abuses. For instance, there must be a clear similarity between the present and previous charges for the doctrine to apply. Additionally, the previous conviction must have been obtained through a fair trial, and the prosecution must provide sufficient evidence to support its admissibility.
Overall, autrefois attaint is an important legal concept that allows past convictions to be used as evidence in subsequent trials, thereby influencing the outcome and potentially increasing the penalties for repeat offenders.
Etymology of AUTREFOIS ATTAINT
The phrase "autrefois attaint" is of French origin and can be broken down into two parts: "autrefois" meaning "formerly" or "previously", and "attaint" which means "convicted" or "found guilty".
In medieval English law, the term "autrefois attaint" was used to refer to a legal principle that prevented a person from being tried for the same offense or crime twice. It was a form of protection against double jeopardy, ensuring that someone could not be punished multiple times for the same offense.
The term "autrefois attaint" originates from the statutes and legal documents written in French during the medieval period, where "autrefois" meant "at another time" and "attaint" referred to the person being found guilty. This legal doctrine has its roots in the 14th century and has been part of the legal system in both England and France.
