Free Essay

The Ex Post Facto Law

In: Other Topics

Submitted By therese099
Words 323
Pages 2
An ex post facto law is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ex post facto law commonly called an amnesty law may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with lifelong imprisonment) retroactively. Such laws are also known by the Latin term in mitius.
A law may have an ex post facto effect without being technically ex post facto. For example, when a law repeals a previous law, the repealed legislation is no longer applicable to situations to which it previously was, even if such situations arose before the law was repealed. The principle of prohibiting the continued application of such laws is called Nullum crimen, nulla poena sine praevia lege poenali, especially in European Continental systems.
Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3. In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes. In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.

Similar Documents

Premium Essay

03.02 Public Policy

...wanted a larger central government for a good military and law enforcement. The anti-federalists had the most liberty under their form of government. One problem the federalists had with their form of government was that it would allow the majority to infringe of the rights of the individuals. James Madison explained this in the federalist papers,  “A pure democracy can admit no cure for the mischiefs of faction. If the views of the faction become the will of the majority of people, there is nothing to stop them from trampling on the rights of those who have different views. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party.” One thing that the anti-federalists wanted to prevent was peoples rights being taken by groups of special interests. Another problem with the federalists is that they didn’t want the states to have the right to secede. Hamilton explains it this way, “All men of sense will agree in the necessity of an energetic executive … The ingredients which constitute energy in the executive are unity; duration; an adequate provision for its support; and competent powers.” So Hamilton wanted a strong executive branch to unite the states rather than allow them greater independence. The anti-federalists had a heavy stance on natural rights and didn’t like to take someones right to see a judge without being incarcerated. This was a good law according to them, “The privilege of the writ of habeas...

Words: 501 - Pages: 3

Premium Essay

Criminal Law

...Ex Post Facto and Bill of Attainder Provisions California Coast University BCJ360-SG Criminal Law 2. What is the historical basis of the ex post facto and bill of attainder provisions, and why would they have application in today’s legal system? Ex Post Facto means “After the Fact” is law that is made retroactive to punish an act that wasn't illegal at the time it was committed. The reason the Constitution prevents Congress and the states from writing ex post facto laws is to protect the population and other entities from government abuse or prosecuted for an act that was not a crime at the time it was committed. This could also cause for increased severity of punishment or by adding new penalties or extending terms of the original punishment. A bill of attainder is any act of a legislative body declaring a person or group of persons guilty of a crime and assessing a punishment without the benefit of trial. Bills of attainder were commonly used in England during the 18th century and were applied to the British colonies. Anger over the application of bills attainder in the colonies was one of the motivations for the American Revolution. Ex Post Facto and Bill of Attainder would have application in today’s legal system in a negative way. Anytime a person is not afforded their due process and their individual rights it is a gross miscarriage of justice. The innovation and problem with illegal and illicit drugs could be a way that Ex Post...

Words: 376 - Pages: 2

Free Essay

Dictionary

...common touch n. 平易近人的特性 例句: Although she married an earl, Susan never lost the common touch and still calls round occasionally for a chat and a cup of tea. 尽管苏珊嫁给了一位伯爵,但她仍不失平易近人的美德,还是经常前来聊天和喝茶。 A politician needs the common touch. 政治家需要有平易近人的美德。 flip side 唱片的反面, 对立面 manna [ˈmænə] n. 1. 吗哪(《圣经》中所说的古以色列人经荒野时所得上帝赐的食物) 2. 神赐的食物; 美味 3. 精神上的食物 4. (作通便剂用的)甘露, 木密 5. 甜茅(属), 牧草 exorbitant [iɡˈzɔːbitənt] adj. 过高的, 过度的, 过分的; 荒唐的 landfall ['lændfɔ:l] n.初见陆地, 到达陆地, 登陆,着陆 profess [prəˈfes] vt. 1. 声称, 承认, 明言, 宣布 2. 表明信仰 3. 以...为业 4. (以教授身分)教, 教授(课程等) 5. 佯称, 伪称, 假装 6. 正式准予加入 profess chemistry 教授化学 profess ignorance 假称不知 vi. 1. 表白; 承认 2. 正式入教 3. 当教授; 执教 constipation [ˌkɔnsti'peiʃən] n.便秘 cheapskate ['tʃi:pˌskeit] n. 守财奴, 吝啬鬼 fanny pack 腰包 wait on v. 服侍, 伺候, 等待 例句: He seems to expect to be wait on hand and foot. 他像是想要人尽心尽力伺候他。 At home the boys never lifted a finger. We girls had to wait on them hand and foot. 在家里男孩子不动一根手指头,我们女孩子得替他们做这做那。 She will never learn to wait on table. 她永远学不会侍候进餐。 touch base 建立联系 to come in contact or communication physicality [ˌfizi'kæliti] n. 肉体性, 体格特征 for what it's worth 不论真伪, 不管三七二十一 comptroller [kənˈtrəulə] n. 会计检查员; 主管会计; 主计长; 财务司长; 专利局长; 总稽核, 审计官 controller的变体 sit on v.搁置, 参加, 旁听,列席,训斥 为...的一员, 开会讨论, 审理, 拖延, 管教 Are you going to sit on your hands while she does all the work? 所有的工作都是她做,你难道什么都不干吗? bloke [bləuk] n. 1. [俚]家伙;...

Words: 1457 - Pages: 6

Premium Essay

Personality

...Whitney Washington Assignment 2 Sentencing CRMJ 302-01 Criminal Justice Department Southern University at New Orleans Summer 2012 Assignment Date: 06/22/2012 Due Date: 06/25/2012 1) Explain the significance of the black line that divides the Minnesota sentencing guidelines grid half. 2) Explain the following: a) Indeterminate Sentencing Statutes b) Determinate Sentencing Guidelines c) Sentencing Guidelines 3) What is the effect of ex post facto law on determinate sentencing statutes, indeterminate sentencing statutes, and sentencing guidelines? Whitney Washington 1) The dark line is there to divide the Minnesota sentencing guidelines into two parts. On The left side it means that the sentence given will stay the same. The right side if the person receives the sentence then they will go to prison. But, the judge can go against the black line if he/she believes that it is substantial and compelling. 2) a) Indeterminate sentencing statutes is when a judge gives a sentence based on what the legislature has proposed. The judge can give a sentence but the parole board will decide on it. The parole board usually watches the inmate to see what their decision may be. For example if a person is sentenced to 4 years maxed and 16 parole, then when those 4 years come around the parole board will evaluate them by the 4 year. If the person has been doing a good job and following the prison guidelines they may be eligible for parole,...

Words: 556 - Pages: 3

Premium Essay

Fedaralism

...The controversial argument among the federalists and anti-federalists was crucial for the constitution proper ratification. The anti-federalist’s goals were to prevent excess power in the central government and instead allow states to ultimately govern. Federalists promoted a larger national government for protection of the people, law enforcement and unification. The anti-federalists had the more sensible argument and plan highly supported freedom. A crucial issue the federalists had was that their government would possibly allow the majority to infringe on the rights of the individuals. James Madison elaborated upon this in federalist papers and in which one he stated, “A pure democracy can admit no cure for the mischiefs of a faction. If the views of the faction become the will of the majority of people, there is nothing to stop them from trampling on the rights of those who have different views. A common passion or interest will be felt by a majority, and there is nothing to check the inducements to sacrifice the weaker party.” This evidently supported the anti-federalist argument in preventing people’s rights from being taken away by groups of special interests. Yet another issue with the federalists is that they didn’t want the states to have as much power which directly contradicts the articles of confederation. Hamilton explains it in the following, “All men of sense will agree in the necessity of an energetic executive … The ingredients which constitute energy in the...

Words: 585 - Pages: 3

Premium Essay

关于管理决策研究方法的思考

...摘要:在策划与发展的背景下支持研究的质量十分重要。因此设计和坚持适当的研究方法是必要的。虽然不同的问题需要不同的研究方法,但是基本的方式(原理)一样。 我的目的是介绍不同的研究方法和技术。在这些概要上我审视结果导向的研究方法。研究方法的核心应该是在商业单位获得的消息和数据的合适使用。 业务研究概论 在目前快速的商业环境的激烈竞争明显,许多组织依赖于商业研究获得竞争优势和更大的市场份额。商业研究是在学习、观察、比较和实验的帮助下对真理的追求。通过客观和系统的方法寻找知识,寻找解决问题的方法。通过科学程序的应用来发现问题的答案。找出隐藏的真相,而不是被发现的真相。要熟悉一种现象。准确刻画特定个体、情境或群体的特征。 研究包括以下内容: 1。定义和重新定义问题。 2。知识的源泉是知识的源泉,为解决不同的企业、政府和社会问题提供指引。 3。一门艺术的形式化训练,使人们能够更好地理解一个人的领域中的新发展。 4。寻找知识,科学和系统地搜索相关信息,对特定主题,科学调查的艺术。 5。仔细调查或调查,特别是通过寻找新的事实在任何分支知识。 6。系统化的努力获得新的知识。 7。从已知到未知的运动。 8。对现有知识的进步贡献的原始贡献。 业务研究的问题 1。缺乏科学的研究方法的培训 2。大多数的商业单位都没有这种信心,他们对研究人员所提供的材料不会被误用。他们往往不愿意提供所需的信息,研究人员。保密的概念似乎是神圣不可侵犯的商业机构。 3。它证明了一个不可渗透的障碍研究人员。 4。研究相互重叠进行经常缺少足够的信息——这些结果重复建设,浪费资源。 5。许多研究人员的研究大多是剪刀和粘贴的工作没有任何的洞察力揭示材料的整理。由于这一研究成果,比较经常,不反映现实或现实。 6。研究部门和商业机构之间的互动是不够的。 7。不存在一个行为研究代码,大学间和部门间的竞争是很常见的。 8。适当和及时的秘书协助包括同胞的援助,造成不必要的延误,在研究完成了难度。 9。图书馆管理和运作是不能令人满意的许多地方由于,大部分的时间和精力研究人员都花在追踪的书,期刊,报告,等,而不是在跟踪相关材料。 10。及时公布的数据,即在我国的各种政府和其他机构做这项工作的二次数据的难度。研究人员面临的问题,因为这一事实,所公布的数据差异相当显着,因为有关机构的覆盖面差异。 1. 业务研究的目标 要确定某件事情发生的频率,或与其他相关的东西,检验一个变量之间因果关系的假设。要了解市场趋势,或找到最佳的营销组合,制定有效的人力资源政策,或找到最佳的投资选择。 2. 研究的类型 2.1描述性研究(Descriptive Research) 在研究中,研究者试图测量的项目,如购物频率,偏好的人等方法的研究,调查方法的所有种类,比较方法和合作关系的方法。 2.2分析研究(Analytical Research) 研究者必须使用已获得的信息。研究者必须分析事实,对材料进行批判性评价。 2.3应用研究(Applied Research) 它的主要目的是要找到一个解决问题的社会或工业/商业组织的直接问题,并发现一些紧迫的实际问题的解决方案。例如,研究了关于人类行为的研究,以期对人类行为进行概括。针对某一具体的社会问题或经营问题的研究。 2.4基础研究(Fundamental Research) 它涉及推广和理论的制定。例如,有关自然现象的研究,纯数学的研究。 2.5定量研究(Quantitative Research) ...

Words: 417 - Pages: 2

Premium Essay

Examples Of Ex Post Facto Clause Limits Criminal Law

...According to Fordham Law Review, “The ex post facto clauses in the constitution prohibit the passage of retroactive penal laws” (Adler 1987). The ex post facto clause limits criminal law by setting restrictions on the power of the state and federal legislative bodies. According to Gardner & Anderson, the following are other examples on how the ex post facto clause limits criminal law: Forbids laws made retroactive to make conduct before the enactment of the law a criminal violation, laws that aggravate a crime retroactively, laws that increase the punishment for a crime retroactively, and laws that alter the legal rules of evidence and permit conviction on less or different evidence than the law required at the time of the commission of...

Words: 293 - Pages: 2

Premium Essay

Case: Calder V Bull

...CASE : Calder v Bull, 3 U.S 386 (1798) INTRODUCTION : This case proposes the term “ex post facto” which is a law that changes the legal consequences of the actions that existed before the law was enacted. In U.S, the states were prohibited from passing such laws by Clause 1, Art 1, Sec. 10 of their Constitution. The contention in this case was that such prohibition shall only be applied to criminal matters and not civil matters. This case in the later stages stated that a law that reduces the severity in a criminal act was retrospective and not an ex post facto law. The case also sheds the light on presumption of prospectivity and on this notion that natural law had precluded retrospective legislation. After this case the U.S Supreme Court...

Words: 1155 - Pages: 5

Premium Essay

Law Opinion

...Law Opinion Paper Cynthia Willison CJA224 November 8, 2010 Carl Schiff Law Opinion Paper “Lincoln once said that three things only make up a nation: its land, its people, and its laws,” (Gordon, 1991, p. 1), only after this statement it was then realized there were not many laws to speak of. As the nation started to develop and declared independence from the common law of medieval England, common law was enacted and then adapted to America’s needs. The public officials, legislators, enact the laws of bodies of rules then the law is enforced by the executive branch, which the law enforcement was required to respect and obey. To make sure the proposed laws are legitimate the judicial branch acts as mediator to evaluate the principles in the United States Constitution and other important American legal documents without prior court decree. This is why the framers of the Constitution decided to for the American government to have a system of checks and balances because no one branch can act alone, so all three branches collaborate; therefore the power of each branch is balanced (Meyer & Grant, 2003). The separation of powers was formulated by the framers of the Constitution to share the same power as checks and balances. Each state law-making system is developed with a similar structure of the government; however with dissimilar law-making traditions. Although some states the state legislature congregates per annum discussing law-making whereas state legislatures...

Words: 1063 - Pages: 5

Premium Essay

Bbbb

...that are criminal only because there is a statute or ordinance that says it is. a. mala in se b. mala prohibita c. felonies d. misdemeanors 5. ___ are crimes punishable by death or confinement for a specific period of time or more (usually one year) and fine. a. mala in se b. mala prohibita c. felonies d. misdemeanors 6. ___ are crimes that are punishable by a fine and or confinement in local jail (generally up to one year). a. mala in se b. mala prohibita c. felonies d. misdemeanors 7. Sources f criminal law include all but, ___. a. codes b. common law c. city ordinances d. public opinion 8. ___ is defined as inflicting pain or other unpleasant consequence on another person a. punishment b. incarceration c. retribution d. deterrence 9. Criminal Punishment criteria includes all but, ___. a. inflicting pain or other unpleasant consequence b. prescribing a punishment in the same law defining the crime c. intentional administration d. administration by the public 10. Purposes of criminal punishment include all but, ___. a. Retribution b. Prevention c. Incapacitation d. Rehabilitation 11. ___ deterrence punishes the offender to make an example of them and thereby deter others from committing future crimes. a. General b. Specific c. Prolific d. Just 12. ___ deterrence punishes convicted...

Words: 1950 - Pages: 8

Premium Essay

Supreme Court Rise to Power

...have supreme power. This is evident by the way each branch is laid out in the establishment. Each branch of government has its power expounded to them in detail. When it came to the court the description of power became vague. Some scholars believe that the founding fathers didn’t give the Supreme Court as many restrictions because they wanted a court of judge that would rule and intrepid the constitution as they would. The constitution was never meant to govern the people of America it was meant to rule and control them. The founding fathers picked people for the court that had the same backgrounds as them. According to the how the constitution is worded the framers gave the court the right to make law based on thing un for seen by them. This means that they have the right to make laws on thing that are being invented and used by Americans today The responsibilities and limitations of each branch of government are set forth in the constitution. For example specific powers are granted to the congress concerning their jurisdiction and job details. For the legislative branches of government there are three very long paragraphs...

Words: 3569 - Pages: 15

Premium Essay

Leg 320 Week 1 Quiz – Strayer New

...http://budapp.net/LEG-320-Week-1-Quiz-Strayer-442.htm CHAPTER 1 CRIMINAL LAW: PURPOSES, SCOPE, AND SOURCES MULTIPLE CHOICE 1. An example of private law is a. criminal law b. criminal procedure c. divorce d. Constitutional law 2. The law of criminal procedure deals with a. the law followed in the investigation and processing of a crime b. the definition of crimes c. contractual issues d. torts 3. The substantive criminal law a. defines the standards of conduct for protection of the community b. is an important branch of private law c. is no longer followed in the U.S. d. defines the steps followed in processing a criminal case 4. A person might commit a crime for any of the following reasons except? a. fear of arrest and punishment b. insufficient moral or ethical restraints c. peer pressure d. opportunity combined with capacity and skill 5. A tort is a. a public wrong against society b. a civil wrong done to a person or her property c. a crime d. always a moral wrong 6. If a person intentionally damages a building owned by another person, this action a. is a crime, but not a tort b. is a tort, but not a crime c. is neither a tort nor a crime d. is both a tort and a crime 7. The Latin maxim nulla poena sine lege means a. no law without punishment b. no punishment without a moral wrong c. no punishment without law d. no law without morality 8. Which of the following is not one of the...

Words: 1371 - Pages: 6

Premium Essay

Special Crime Victim Topic

...CJ 310-02 Criminal Law April 7, 2011 In Criminal law, there is an ancient proposition saying,” no crime without law, no punishment without law. That in criminal law is based on the principle of legality. The ancient saying means that no one can be convicted or punished, unless there is a law that defines it’s as a crime. The case of Treva Hughes, Ms Hughes was driving while under the influence. She ran into Ms. Reesa Poole and killing her unborn child and was convicted. The Appeals Court reversed her conviction because the law didn’t give Ms. Hughes fair warning that it included the unborn in homicide stature. An Ex Post Facto Laws criminalizes an act that was innocent when it was committed. It is the clearest example of ex post facto laws, they’re also the rarest. Ex Post Facto also increases the punishment for a crime after the crime was committed. Just as clear an rare like the first one. An example is raising the age of statutory rape form 16 to 21. Finally it takes away a defense that was available to a defendant when the crime was committed. The Ex Post Facto ban is protect private individuals by ensuring that legislature give them a fair warning about criminal and that they can rely on that requirement. The other purpose is to prevent legislators form passing arbitrary and vindictive laws. The Void-for-Vagueness Doctrine takes aim similar to the ban on ex post facto. Void laws fails to give fair warning to individuals as to what the law prohibits. It can...

Words: 2745 - Pages: 11

Premium Essay

Communication

...the documents and use them to her advantage, she will behave unethically and against her company’s policy. She has an obligation to return the documents to the airlines, so they can forward them to the owning company. There are many different ways people can perceive ethical behavior. Some might say that, since the information is only the draft stage it is okay to take them and use the information, whereas others say it is unethical to take the information. According to her company’s policy, the manager will act unethical if she takes the documents and does not return them. She has to understand the consequences of her actions. b. What are the implications of those decisions even if there is no violation of law or regulation? Even though there are not any violations of laws or regulations, the manager will behave unethically if she takes the documents, but...

Words: 1691 - Pages: 7

Premium Essay

Bill Of Rights Ratification

...Although many Americans continue to have a flawed view of rights, believing the bill of rights to be an exhaustive list, there are more rights contained in the body of the constitution. As Alexander Hamilton stated in Federalist 84, “The truth is, after all the declamations we have heard, that the Constitution is itself, in every rational sense, and to every useful purpose, A BILL OF RIGHTS.” Rights that are contained in the Constitution are as follows; the writ of habeas corpus, a ban on ex post facto, and the right to establish intellectual property. The writ of habeas corpus prevents the government from imprisoning suspected criminals without disclosing the reason for detainment. The ban on ex post facto laws prevent legislation from being...

Words: 769 - Pages: 4