1607-1776: Concept of ‘Civil Death’ as Criminal Punishment Carries Over into North American Colonies

The British colonies in North America carry over the practice of “civil death,” a disenfranchisement stemming from ancient Greek, Roman, Germanic, and Anglo-Saxon law and enforced against some convicted criminals. English law developed the similar punishment of “attainder,” which, law professor Debra Parkes will later write, “resulted in forfeiture of all property, inability to inherit or devise property, and loss of all civil rights.” Those civil rights will encompass the right to vote. When the first British settlement in America is established in Jamestown, Virginia, in 1607, the concept of “civil death” is carried over. The concept continues into the British colonies that will become Canada and the United States. [ProCon, 10/19/2010]