Legal Question in Criminal Law in District of Columbia

Constitutional Provisions

Which constitutional provisions prevents state legislatures from enacting laws that declare individual citzens guilty of crimes and confiscating their property?


Asked on 11/27/04, 5:34 pm

2 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Constitutional Provisions

State legislatures do not enact any laws which declare citizens or anyone else guilty of crimes.

The do, however, pass laws which statutorily define what a given crime may be and the possible penalties for commiting such a crime which might also include a forfeiture of property owned by one who was convicted of the crime and which was found to have been used or somehow involved in the commission of the crime of which the owner was convicted.

The above activities conducted by state legislatures are all perfectly legal and in no way violative of any provision of the U.S. Constitution.

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Answered on 11/27/04, 7:28 pm
A.P. Pishevar The Pishevar Law Firm, P.C.

Re: Constitutional Provisions

I believe you are referring to a "bill of attainder," which is an unlawful form of legislation which pertains to and targets a particular individual. I believe there is a prohibition in the United States Const'n, Art. 1, Sec 9.

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Answered on 11/28/04, 12:42 am


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