bill of pains and penalties

A bill of pains and penalties, historically, was a legislative act that imposed punishment on individuals or groups without a judicial trial. This is distinct from a bill of attainder, which specifically involved a sentence of death or outlawry.12

These legislative acts were used to condemn individuals, often for treason or other offenses, by declaring them guilty and prescribing penalties such as forfeiture of property. The power to pass such bills was well-established in English law, with examples of their use during the Wars of the Roses and by King Henry VIII.2

Bills of attainder and pains and penalties were generally criticized because they deprived the accused of a fair trial and could be used to criminalize past conduct retroactively. The U.S. Constitution prohibits bills of attainder, and the Supreme Court has interpreted this to invalidate certain legislative acts that impose punishment without a trial.2