recrimination


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Recrimination

A charge made by an individual who is being accused of some act against the accuser.

Recrimination is sometimes used as a defense in actions for Divorce. Traditionally the underlying theory was that a divorce could be granted only when one individual was innocent and the other guilty, and the defense of recrimination allowed the party accused of misconduct to terminate divorce proceedings by asserting guilt against the other party. As grounds for divorce were expanded, however, recrimination became more and more readily provable.

Recrimination has been limited or eliminated as a defense in some states, and others allow it only where one spouse accuses the other of Adultery and the defendant wants to prove that the plaintiff was also guilty of that offense. In some jurisdictions, the courts have attempted to counterbalance the plaintiff's accusation with the defendant's defense by allowing only comparable grounds to be offset by recrimination.

See: accusation, answer, blame, charge, condemnation, contention, denunciation, incrimination, opposition

recrimination

a charge made by an accused against his accuser.

RECRIMINATION, crim. law. An accusation made by a person accused against his accuser, either of having committed the same offence, or another.
     2. In general recrimination does not excuse the person accused, nor diminish his punishment, because the guilt of another can never excuse him. But in applications for divorce on the ground of adultery, if the party defendant, can prove that the plaintiff or complainant has been guilty of the same offence, the divorce will not be granted. 1 Hagg. C. Rep. 144; S. C. 4 Eccl. Rep. 360. The laws of Pennsylvania contain a provision to the same effect. Vide 1 Hagg. Eccl. R. 790; 3 Hagg. Eccl. R. 77; 1 Hagg. Cons. R. 147; 2 Hagg. Cons. R. 297; Shelf. on Mar. and Div. 440; Dig. 24, 3, 39; Dig. 48, 5, 13, 5; 1 Addams, R. 411; Compensation; Condonation; Divorce,

References in periodicals archive ?
I wanted," director Howard Allen said, "to tell the story of Caribbean folklore and history as simply as possible, without recrimination and retribution.
Although a single reverse with a side packed with youngsters at a ground less than half-full does not appear a reason for recrimination, the knowledge Chelsea, Tottenham and Liverpool are out already, means it was undoubtedly the easiest opportunity City would have to end a trophy drought dating back to 1976.
10 DEATH OF AUGUSTO Pinochet ended an era of recrimination and historical arguments in Chile.
In his books and lectures, however, he could expand his thoughts, ideas, and hunches without recrimination.
In 1955, Wisconsin Congressman Lawrence Smith described the organization as "a permanent international snake pit where Godless Communism is given a daily forum for hate, recrimination, psychological warfare against freedom, and unrelenting moral aggression against peace.
Then it all fell apart in bitter squabbling and recrimination.
Thank God that pacesetters like Rotblat break beyond our need for revenge, retaliation, resentment and recrimination.
As after the 1870 Franco-Prussian War, defeat in 1940 strengthened a clerico-conservative Rightist discourse of recrimination, sacrifice, and restoration.
His venture to Guiana for gold and glory had failed and he returned a defeated man to face recrimination and eventually execution in London.
Responsibility implies that something is my fault-always a tiresome thing, especially for a politician, since it invites voters' recrimination and reproach.
The organisation is now pressing for a Private Member's Bill that will allow employees to opt out of working Sundays without fear of recrimination.
Let us therefore refrain from recrimination about the stillborn bill, and join Pope John Paul II in Evangelium vitae, para.