ABATEMENT AB INITIO

                                                             

Abatement ab initio is a Latin word which denotes “from the very beginning”.

In general, abatement ab initio is a doctrine where the criminal conviction is vacated and trial proceedings are dismissed and treated as if trial was never occurred when the defendant died, who has appealed against the conviction. The criminal conviction stands abatement ab initio after death of defendant accused, not only in appeal but also direct review.

          The word abatement ab initio was raised  in the case of Durham vs United States (1971) decided by the United States Supreme Court. In the case, it was held that the death of a defendant accused in possessing a counterfeit bill pending a petition for certiorari before the Supreme Court on direct review of the criminal conviction will cause the Court to vacate the conviction.

          The Supreme Court of United States was impressed on the unanimity of the lower federal courts on “per curiam opinion”, in vacating convictions when the defendant died,  during a direct review  not only the appeal and accordingly vacated the original conviction.

Also read:

Per Incuriam and Sub Silentio: Meaning