Abstract

http://ssrn.com/abstract=2009013
 
 

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'Abatement Means What it Says' : The Quiet Recasting of Abatement


Alexander F. Mindlin


NYU School of Law

12 6, 2011

NYU Annual Survey of American Law, Vol. 67, p. 195

Abstract:     
This paper argues that the modern practice of abatement ab initio, in which courts erase the conviction of one who dies pending a first appeal, lacks the firm historical basis that is often claimed for it by those who see in it an ancient recognition of the right to one appeal. Examining early cases of abatement, the author finds that they lacked any connection to the protection of a supposed appellate right, and simply reflected the brute fact that a dead person cannot be punished. Accordingly, traditional abatement neither exonerated the defendant, nor closed off avenues of restitution for the victims.

Number of Pages in PDF File: 40

Keywords: abatement, abatement ab initio

JEL Classification: K14

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Date posted: February 21, 2012  

Suggested Citation

Mindlin, Alexander F., 'Abatement Means What it Says' : The Quiet Recasting of Abatement (12 6, 2011). NYU Annual Survey of American Law, Vol. 67, p. 195. Available at SSRN: http://ssrn.com/abstract=2009013

Contact Information

Alexander F. Mindlin (Contact Author)
NYU School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
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