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词条 Civil death
释义

  1. See also

  2. Notes and references

  3. External links

Civil death ({{lang-la|civiliter mortuus}})[1] is 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 a felon with impunity.[3] Under the Holy Roman Empire, a person declared civilly dead was referred to as 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[5] has been called a form of civil death, as has being subjected to collateral consequences in general.[6]

See also

  • Loss of rights due to felony conviction
  • Social death
  • Ghosts… of the Civil Dead

Notes and references

1. ^{{cite web|url=http://www.law-dictionary.org/CIVILITER+MORTUUS.asp?q=CIVILITER+MORTUUS|title=CIVILITER MORTUUS : on Law Dictionary|website=www.law-dictionary.org}}
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. https://www.jstor.org/stable/3688812
4. ^Article "Death, Civil;" Encyclopædia Americana, 1830 ed, page 138
5. ^{{cite news| url=http://opinionator.blogs.nytimes.com/2010/07/29/voting-behind-bars/ | work=The New York Times | title=Voting Behind Bars | first=Linda | last=Greenhouse | date=July 29, 2010}}
6. ^Gabriel J. Chin, The New Civil Death: Rethinking Punishment in the Era of Mass Conviction, 160 U. Penn. L. Rev. 1789 (2012)

External links

  • {{Cite NIE|wstitle=Civil Death|year=1905 |short=x}}
{{Capital punishment}}{{DEFAULTSORT:Civil Death}}{{law-stub}}

1 : Criminal law

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