Civil death

Civil death

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 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.[4]

In the US, the disenfranchisement of felons or ex-felons has been called a form of civil death;[5] see also loss of rights due to felony conviction.

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. ^ a b Article "Death, Civil;" Encyclopædia Americana, 1830 ed, page 138
  5. ^ Greenhouse, Linda (July 29, 2010). "Voting Behind Bars". The New York Times. http://opinionator.blogs.nytimes.com/2010/07/29/voting-behind-bars/. 



Wikimedia Foundation. 2010.

Игры ⚽ Нужно сделать НИР?

Look at other dictionaries:

  • civil death — n: the status of a living person equivalent in its legal consequences to natural death; specif: deprivation of certain civil rights upon conviction for a serious crime Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. civil death …   Law dictionary

  • Civil death — Death Death (d[e^]th), n. [OE. deth, dea[eth], AS. de[ a][eth]; akin to OS. d[=o][eth], D. dood, G. tod, Icel. dau[eth]i, Sw. & Dan. d[ o]d, Goth. dau[thorn]us; from a verb meaning to die. See {Die}, v. i., and cf. {Dead}.] 1. The cessation of… …   The Collaborative International Dictionary of English

  • Civil death — Civil Civ il, a. [L. civilis, fr. civis citizen: cf. F. civil. See {City}.] 1. Pertaining to a city or state, or to a citizen in his relations to his fellow citizens or to the state; within the city or state. [1913 Webster] 2. Subject to… …   The Collaborative International Dictionary of English

  • civil death — n. Law Historical the condition of a person who forfeits or is deprived of all civil rights * * * …   Universalium

  • civil death — n. Law Historical the condition of a person who forfeits or is deprived of all civil rights …   English World dictionary

  • civil death — The extinction of all civil rights, such as occurred at common law upon a person being banished, abjuring the realm, or entering a religious order, and to a certain extent upon conviction of any felony. It has been held in the United States that… …   Ballentine's law dictionary

  • civil death — noun Date: 1719 the status of a living person equivalent in its legal consequences to natural death; specifically deprivation of civil rights …   New Collegiate Dictionary

  • civil death — The state of a person who, though possessing natural life, has lost all civil rights and as to them is considered civilly dead. Hiroko Kawakita Hayashi v. Lorenz, Cal.App., 258 P.2d 1039, 1042. In some states, persons convicted of serious crimes… …   Black's law dictionary

  • civil death — The state of a person who, though possessing natural life, has lost all civil rights and as to them is considered civilly dead. Hiroko Kawakita Hayashi v. Lorenz, Cal.App., 258 P.2d 1039, 1042. In some states, persons convicted of serious crimes… …   Black's law dictionary

  • civil death — noun 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 • Topics: ↑law, ↑jurisprudence • Hypernyms:… …   Useful english dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”