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What term refers to a legislative act that inflicts punishments on a group or person without a trail?
Most crimes committed are to be put under a trial to determine guilty o innocence. The term that refers to the legislative act that inflicts punishments on a group or person without a trial is called the Bill of Attainder.
What term refers to the legislative act that inflicts punishments on a group or person without trail?
Bill of AttainderThis is called a "bill of attainder." Both the Federal and State governments are prohibited from creating bills of attainder under Article I of the US Constitution.Article I, Section 9, Clause 3"No bill of attainder or ex post facto Law shall be passed."Article I, Section 10, Clause 1"No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility."Bill of attainderbill of attainder
Can congress pass a bill of attainder?
According to Article I of the United States Constitution it is expressly forbidden for Congress to pass a bill of attainder. Since Congress is the law making body this means no one can pass bills of attainder in the United States.
Why are the bills of attaibder and ex post facto laws forbidden?
This is to stop congress form passing a law against something that has already happened. In order to be convicted of violating a law, the law must be in effect at the time of the act. You can not be convicted of violating a law if the law is passed after the fact.
Which term applies to this the legislature cannot punish a person without a trial?
Its called bills of attainder. People can be punished without a jury trial. Deferred Adjudication in the state of Texas is one of these instances. This allows a judge to postpone a final conviction with a possible dismissal in the end, but to give the defendant responsibility and punishment of the charge against them. A plea of guilty or no contest must be entered to receive Deferred Adjudication but the judge imposes a "punishment" which consists of probation and some other tasks and/or fines to successfully complete. Upon successful completion, though, the charge is dismissed. The arrest record and court proceedings stay on your criminal record but there is no conviction. A person could get a 10 year probation sentence and never once see a jury. Furthermore if a person is arrested for anything more than a traffic violation while on probation or if they violate any condition of their probation through deferred adjudication, the judge has the right to impose the maximum sentence allowed by the original charge, without the person ever going before a jury.
