answersLogoWhite

0


Best Answer

No.

The Constitution forbids Bills of Attainder, where the Congress declares a person to be guilty of a crime by passing legislation to that effect.

The Constitution preserves the Writ of Habeas Corpus except under very limited and specific circumstances.

User Avatar

Wiki User

14y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: Is a Bill of Attainder the same as Habeas Corpus?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Continue Learning about American Government

What is a law declaring an act illegal without a judicial trial?

The qustion should be clarified to state that it is about a law that declares a person guilty of commiting a crime, as opposed to declaring an act illegal, althought they can be read the same way. This is called a Bill of Attainder. Article 1 of the Constitution sets forth the powers of the Congress. Section 9, Clause 3 of that Article says that No bill of attainder shall be passed.


What are bills of retainder?

Literally, "something for you to keep." Obviously it refers to something of value rather than something of lasting value. Retainder is basically synonymous with "loot" in the sense of there being something to gain. For example, if a man receives attainder in the form of a sack of money that is his to keep, as was often the practice for doing someone a favor or task, it doesn't mean that he has a right to the individual pieces if he should trade them for other articles of value but only that he has received a gift that can be used up as any other. The same basic fact goes for bills of retainder.Sometimes "retainder" were granted under explicit auspices, such as bill of retainder or patent of retainder. A patent of retainder appears to be associated with a monarch offering the guarantee, and sometimes these were traded for, as well, but by verbal agreement.A bill of retainder would be defined much as a law that would grant contractual rights or legal privilege to keep something for a specific or unspecific length of time. For example, a bill of retainder may bestow a certain privilege that may not be taken away without substantial cause. For example, "The city management passed a bill of retainder to promise the bounty hunter five pounds of gold in exchange for bringing Frankie the Kid in to the county jailhouse alive. The bill was signed into law by the mayor."Bills of retainder should not be mistaken for bills of attainder. A "bill of attainder" refers to any attempt to taint someone with charges of felony or treason, such as by an act of legislature, as if to justify execution by suspension of a person's equal right to legal trial by jury.


What is it called when a committee decides against a bill?

They "table" the bill. That's the same as killing it.


How are the declaration of independence and the bill of rights alike and different?

Both the Declaration of Independence and the Bill of Rights focus on limiting state tyranny. They were both written around the same time and by the same people essentially.


Was the bill of rights and the constitution ratified at the same time?

No, the Bill Of Rights was adopted in 1791, this was 4 years after the Constitution was ratified in 1787.

Related questions

An order telling police to bring an arrested person to court?

That is called a "writ of habeus corpus."In the United States, only two Presidents have ever suspended the writ of habeus corpus, thereby allowing people to be imprisoned without charges or explanation. Lincoln suspended the writ of habeus corpus during the Civil War, and George W. Bush did the same after the 9/11 attacks.See the Related Link below for more information.


What is a law declaring an act illegal without a judicial trial?

The qustion should be clarified to state that it is about a law that declares a person guilty of commiting a crime, as opposed to declaring an act illegal, althought they can be read the same way. This is called a Bill of Attainder. Article 1 of the Constitution sets forth the powers of the Congress. Section 9, Clause 3 of that Article says that No bill of attainder shall be passed.


If tried and sentenced on the same charge can the plea be withdrawn and tried again?

If you were tried and sentenced, it is hard to withdraw your plea and be tried again. Why don't you ask your lawyer? If you are totally confused about what your lawyer told you, you need to tell the judge when he sentences you. You are entitled to know what is going on. Your jail or prison has provisions for post conviction relief. You need to check there to find out your next step. There are a number of procedures that are possible. Some must follow a particular order. It is like baseball. In baseball, if you skip a base and go to the wrong one first, you are out. Some procedures have a time limit. Some Federal Judges have bounced an inmates first attempt with the rubber stamp, "You did not send this to state court first." Then after the inmate sent it to state court, the same federal judge bounced the same motion with a rubber stamp that said something like, "You have already used your one turn at an attempt for a petition for a writ of habeas corpus." Another inmate had just gotten relief from the same judge on the same issue! 1. Final Sentencing. 2. Direct Appeal. 3. Petition for State Habeas Corpus or Equivalent 4. Direct Appeal for Petition of State Habeas Corpus or Equivalent 5. Petition for State Appeal or Supreme Court Habeas Corpus 6. (Rarely when next level down has issued conflicting rulings: Petition for State Supreme or Appeal Court Certification) 7. Petition for Federal Circuit Court Habeas Corpus 8. Petition for Federal Appeal Court Review 9. (Almost never works: Petition for Federal Supreme Court Certification)


What happens if a 10 day extradition that has been served on an accused runs out of time?

If this is in the US and they did not come get you. You file a Habeas Corpus demanding your release and a motion for the dismissal of the case against you on the grounds that the victim has surely abandoned the case. The evidence being that they did not retrieve you from the place of incarceration. The Habeas Corpus will contain these same bodies of evidence.Clarification of the above answer: You would file a Writ of Habeus Corpus for your release with the jurisdiction that is holding you.As for filing any further actions with the court regarding "abandoned" charges, you would have to file them in the state of the origin or the charges, NOT with the state that held you for extradition. The state that held you for extradition has no jurisdiction to dismiss the criminal charges of another state.


Where did Lincoln suspend the writ of habeas corpus?

People were mad that it was removed and so, it took the only thing they had, their rights. Ultimately, it gave the government the peoples lives. Life is a gift and cannot be taken away by someone with the same gift


Is the Corpus Christi Bay and the Gulf of Mexico the same thing?

Yes. Corpus Christi Bay forms part of the greater Gulf of Mexico.


Is Corpus Christi better than Houston or are they the same?

Corpus and Houston are somewhat the same I guess :) Houston, there are beaches and the space center NASA and fish markets. In Corpus Christi there are also many beaches and you can see the U.S.S. Lexington which is an old Navy ship I think and its really cool.


Why is bill and William same?

Bill is a nickname for William.


How is the corpus callosum active while driving a car?

im guessing you have mrs.cail too lol im googling these same questions


What are bills of retainder?

Literally, "something for you to keep." Obviously it refers to something of value rather than something of lasting value. Retainder is basically synonymous with "loot" in the sense of there being something to gain. For example, if a man receives attainder in the form of a sack of money that is his to keep, as was often the practice for doing someone a favor or task, it doesn't mean that he has a right to the individual pieces if he should trade them for other articles of value but only that he has received a gift that can be used up as any other. The same basic fact goes for bills of retainder.Sometimes "retainder" were granted under explicit auspices, such as bill of retainder or patent of retainder. A patent of retainder appears to be associated with a monarch offering the guarantee, and sometimes these were traded for, as well, but by verbal agreement.A bill of retainder would be defined much as a law that would grant contractual rights or legal privilege to keep something for a specific or unspecific length of time. For example, a bill of retainder may bestow a certain privilege that may not be taken away without substantial cause. For example, "The city management passed a bill of retainder to promise the bounty hunter five pounds of gold in exchange for bringing Frankie the Kid in to the county jailhouse alive. The bill was signed into law by the mayor."Bills of retainder should not be mistaken for bills of attainder. A "bill of attainder" refers to any attempt to taint someone with charges of felony or treason, such as by an act of legislature, as if to justify execution by suspension of a person's equal right to legal trial by jury.


What is 'strong mind' in Latin?

Corpus firmum is one Latin equivalent of 'strong body'. In the word by word translation, the noun 'corpus' means 'body'. The adjective 'firmum' means 'strong'.Corpus lacertosum is another Latin equivalent of 'strong body'. In this case, the meaning is the same, but the emphasis differs. The adjective 'lacertosum' stresses the muscular character of that body strength.


Is corpus callosum same as pons?

The corpus callosum is a bridge of nervous tissue that connects the two cerebral hemispheres, allowing communication between the right and left sides of the brain.It is not the pons which is at the top of the spinal cord. It connects the cord to the brain. Pons means bridge.