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Old 04-27-2008, 07:40 PM
Dillon Hunt's Avatar
Dillon Hunt Dillon Hunt is offline
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Can statues bills of attainer

Rights can't be lost only disabled (corrected title)

So where does the notion come from that a defendant "loses all rights" upon conviction, rather than just those rights disabled and deprived in the sentencing order?

Incompetent legal thinking, aided by the lack of political clout by convicted felons and a general public attitude of "let's get tough on crime", but it is unconstitutional.

See this link for more info.

http://www.constitution.org/col/psrboa.htm
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Last edited by Dillon Hunt : 04-27-2008 at 08:26 PM.
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Old 04-27-2008, 08:04 PM
Shoonra Shoonra is online now
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If you've corrected this and it still comes out "bill of attainer" then something's seriously screwed up.

A bill of attainder, as mentioned in the Constitution, Art. 1, secs 9 & 10, is a legislative act that effectively imposes a criminal penalty on someone without (or regardless of) a trial or the general law applicable to hs situation. More specifically, at the time the Constitution was adopted, a bill of attainder imposed a death sentence, and lesser punishments would be a bill of pains and penalties. In any case they were never tolerated as part of the American legal system.
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Old 04-27-2008, 08:24 PM
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Dillon Hunt Dillon Hunt is offline
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In spite of the limited methodology used for determining what is, and what is not a bill of attainder, some elements are:

A. A bill of attainder proper is the administration of death without a trial.

B. Any punishment without trial is a bill of attainder under the doctrine of inclusion of "pains and penalties."

C. Bills of attainder can include any legislative act which takes away life, liberty, or property. (This concept is mostly ignored by courts and legislatures.)

D. Bills of attainder can apply to specifically named individuals or easily ascertainable groups (including the group of everyone).
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Last edited by Dillon Hunt : 04-27-2008 at 08:28 PM.
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Old 04-28-2008, 05:46 AM
theghost theghost is offline
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Quote:
Originally Posted by Dillon Hunt
In spite of the limited methodology used for determining what is, and what is not a bill of attainder, some elements are:

A. A bill of attainder proper is the administration of death without a trial.

B. Any punishment without trial is a bill of attainder under the doctrine of inclusion of "pains and penalties."

C. Bills of attainder can include any legislative act which takes away life, liberty, or property. (This concept is mostly ignored by courts and legislatures.)

D. Bills of attainder can apply to specifically named individuals or easily ascertainable groups (including the group of everyone).

Hmmm.....Sounds like Patriot Acts 1 & 2 to me. I am so curious why we debate/discuss so much about the constitution here, as if it were still applicable. I guess reminiscing about history is ok, sometimes.
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