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civil death

 
Dictionary: civil death

n.
Total deprivation of civil rights, often resulting from conviction for treason or a felony.


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Law Encyclopedia: Civil Death
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This entry contains information applicable to United States law only.

The forfeiture of rights and privileges of an individual who has been convicted of a serious crime.

Civil death is provided for by statute in some states. Most civil death statutes apply only to offenders who have been sentenced to a life term.

Civil death involves the imposition of numerous disabilities, including the denial of the privilege to vote, to hold public office, and to obtain many job and occupational licenses. In addition, an offender cannot enter into judicially enforceable agreements, such as contracts, and may not obtain insurance and pension benefits. The offender may also be deprived of any right to commence certain lawsuits in court.

Successive marriages can also be affected by civil death laws. The issue is whether or not the spouse of a person declared civilly dead may enter into a subsequent marriage. The state courts are in disagreement on the matter, although, in most instances, where a felony is a ground for divorce, the spouse of the convicted person may end the marriage.

WordNet: civil death
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Note: click on a word meaning below to see its connections and related words.

The noun has 2 meanings:

Meaning #1: the legal status of a person who is alive but who has been deprived of the rights and privileges of a citizen or a member of society; the legal status of one sentenced to life imprisonment

Meaning #2: cancellation of civil rights
  Synonym: attainder


Wikipedia: Civil death
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Civil death (Latin: civiliter mortuus) [1] is a term that refers to the loss of all or almost all civil rights by a person due to a conviction for a felony (a crime punishable with more than a year's imprisonment) or due to an act by the government of a country that results in the loss of civil rights. It is usually inflicted on persons convicted of crimes against the state or adults determined by a court to be legally incompetent because of mental disability[2].

In medieval Europe, felons lost all civil rights upon their conviction. This civil death often led to actual death, since anyone could kill and injure an ex-felon with impunity.[3] In the old German empire, a person declared civilly dead was called "vogelfrei" ("free as a bird") and could even be killed since they were completely outside the law. [4]

Historically outlawry, that is, declaring a person as an outlaw, was a common form of civil death. [5]

Notes and references

  1. ^ http://www.law-dictionary.org/CIVILITER+MORTUUS.asp?q=CIVILITER+MORTUUS
  2. ^ See e.g. Interdiction of F.T.E., 594 So.2d 480 (La. App. 2d Cir. 1992).
  3. ^ Manza, Jeff and Uggen, Christopher. Punishment and Democracy: Disenfranchisement of Nonincarcerated Felons in the United States. 'Perspectives on Politics.' Page 492. http://www.jstor.org/stable/3688812
  4. ^ Article "Death, Civil;" Encyclopædia Americana, 1830 ed, page 138
  5. ^ Article "Death, Civil;" Encyclopædia Americana, 1830 ed, page 138

 
 

 

Copyrights:

Dictionary. The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2007, 2000 by Houghton Mifflin Company. Updated in 2009. Published by Houghton Mifflin Company. All rights reserved.  Read more
Law Encyclopedia. West's Encyclopedia of American Law. Copyright © 1998 by The Gale Group, Inc. All rights reserved.  Read more
WordNet. WordNet 1.7.1 Copyright © 2001 by Princeton University. All rights reserved.  Read more
Wikipedia. This article is licensed under the Creative Commons Attribution/Share-Alike License. It uses material from the Wikipedia article "Civil death" Read more