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 ?
Let us therefore refrain from recrimination about the stillborn bill, and join Pope John Paul II in Evangelium vitae, para.
1881) with a call for an end to recrimination and held that "on the basis of fraternity and faithful regard for the rights of the states, there may be written on the arch of the Union, Esto perpetua.
But even before the investigation has been completed the mother of Danny, Carolyn Hughes, has refused to cast blame or recrimination.
Cue rows, gossip, recrimination, bitching - the meat and two veg of reality telly.
Part of the problem is that smaller institutions don't always have the counseling resources, but the student still has to feel there's someone in authority thin can turn to without fear of recrimination.
Now is the time for reconciliation - not rage, recrimination or retribution.
There have been screams of recrimination but also the heaving sobs of deeply grieving communities.
When Anne Heche tried to respond that way, the interviewer was all over her with recrimination.
While the closing decades of the last century have been marred by recrimination and adversarial relations, Cutler suggests that the balance wheel may be turning back in the other direction once again, ushering in a new era of cooperation among the nurturers of children's aptitude, development, and well-being.
We give thanks too for all those who are reaching out to our Muslim brothers and sisters and others who are rendered vulnerable in this time of fear and recrimination.
We need to ask the question not to assign blame or engage in sectarian recrimination.
His reign as Cardiff council leader now over, it would be easy for the man who dominated the city's political scene for years to mope, to become embroiled in bitterness and recrimination.