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 ?
Older patients are often reluctant to make a complaint, because they fear recriminations such as being struck of a GP's list, research by the charity Age Concern has found.
This included a culture where staff could report problems and mistakes without recrimination.
Also it must be said that none of us will dishonour that precious memory with thoughts or words of recriminations or incitement.
The recrimination. I'd been dealing with reality checks for an entire spare decade and nobody had set me straight.
Mr Davies said: "Clearly, any worker intending to blow the whistle would need to be sure that the criteria for protection from recrimination had been met.
I believe all of the heartache, recrimination and anxiety will be forgotten in the longer term.
Accusations of stealing from fire stations and responsibility for websites containing offensive material (both totally unfounded), are just a few examples that recrimination is rife within the brigade, not improving but damaging even further industrial relations.
Vice President Al Gore addressed the group, declaring that "all people, regardless of sexual orientation, should be able to be a part of a loving relationship and raise a family without fear of recrimination or discrimination."
But even before the investigation has been completed the mother of Danny, Carolyn Hughes, has refused to cast blame or recrimination. "I'm not in for retribution," she says, "whoever made this deadly mistake is also a casualty of this tragedy."
Fire Brigade Union (FBU) bosses said the suspension was a recrimination against the officer for his part in recent industrial action by the Merseyside Fire Service.
The beginning, hopefully, of what may be a boundless - and closetless - gay community, in which gays and lesbians can go on-line without fear of prejudice, bigotry, or recrimination.
After a day of drama, recrimination and intense negotiation, it became clear last night that it will only be a matter of time before a deal is reached for the Liverpool skipper.