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Encyclopedia > Ex post facto law
Criminal procedure
Investigating and charging crimes
Criminal investigation

Arrest warrant · Search warrant
Probable cause · Knock-and-announce
Exigent circumstance
Reasonable suspicion
Search and seizure · Search of persons
Arrest · Detention
Right to silence · Miranda warning (U.S.)
Grand jury The starship Voyager (NCC-74656), an Intrepid-class starship. ... Ex Post Facto is the eighth episode of Star Trek: Voyager. ... Image File history File links Scale_of_justice_2. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense and seize the evidence. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... Reasonable suspicion is a legal standard in United States law that a person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... For other uses, see Arrest (disambiguation). ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... For other uses of terms redirecting here, see US (disambiguation), USA (disambiguation), and United States (disambiguation) Motto In God We Trust(since 1956) (From Many, One; Latin, traditional) Anthem The Star-Spangled Banner Capital Washington, D.C. Largest city New York City National language English (de facto)1 Demonym American... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ...

Criminal prosecution

Statute of limitations · Nolle prosequi
Bill of attainder · Ex post facto law
Criminal jurisdiction · Extradition
Habeas corpus · Bail
Inquisitorial system · Adversarial system Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... This article or section does not adequately cite its references or sources. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... For other uses, see Habeas corpus (disambiguation). ... This article is about the legal term. ... An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of each advocate representing his or her partys positions and involves a neutral person, usually the judge, trying to determine the truth of the case. ...

Charges and pleas

Arraignment · Information · Indictment
Plea · Peremptory plea
Nolo contendere (U.S.) · Plea bargain
Presentence Investigation Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... This article does not cite any references or sources. ... In the common law legal system, an indictment (IPA: ) is a formal accusation of having committed a criminal offense. ... In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ... Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. ...

Related areas of law

Criminal defenses
Criminal law · Evidence
Civil procedure The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ...

Portals

Law · Criminal justice

An ex post facto law (from the Latin for "After The Fact") or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. In reference to criminal law, it may criminalize actions that were legal when committed; or it may aggravate a crime by bringing it into a more severe category than it was in at the time it was committed; or it may change or increase the punishment prescribed for a crime, such as by adding new penalties or extending terms; or it may alter the rules of evidence in order to make conviction for a crime more likely than it would have been at the time of the action for which a defendant is prosecuted. Conversely, a form of ex post facto law commonly known as an amnesty law may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with life-long imprisonment) retroactively. Latin was the language originally spoken in the region around Rome called Latium. ... For other uses, see Law (disambiguation). ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... Main Entry: crim·i·nal·ize Pronunciation: kri-m&-n&l-Iz, krim-n&-lIz Function: transitive verb Inflected Form(s): -ized; -iz·ing to make illegal : OUTLAW; also : to turn into or treat as a criminal - crim·i·nal·i·za·tion /kri-m&-n&l-&-zA-sh&n... Rules of evidence govern if, when, how, and for what purpose proof of a case is placed before a trier of fact for consideration. ... The term Amnesty law refers to any law that retroactively exempts a select group of people, usually military leaders and government leaders, from criminal liability for crimes committed. ...


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 no longer applies to the situations it once did, even if such situations arose before the law was repealed. The principle of prohibiting the continued application of these kinds of laws is also known as Nullum crimen, nulla poena sine praevia lege poenali. Nullum crimen, nulla poena sine praevia lege poenali is a basic maxim in continental European legal thinking, authored by Paul Johann Anselm Ritter von Feuerbach as part of the Bavarian Code in 1813. ...


Generally speaking, ex post facto penal laws are seen as a violation of the rule of law as it applies in a free and democratic society. Most common law jurisdictions do not permit retroactive criminal legislation, though some have suggested that judge-made law is retroactive as a new precedent applies to events that occurred prior to the judicial decision. In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible as the doctrine of parliamentary supremacy allows parliament to pass any law it wishes. However, in a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited. The Politics series Politics Portal This box:      The rule of law, in its most basic form, is the principle that no one is above the law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article does not cite any references or sources. ... This article is about the legal term. ... The Houses of Parliament, also known as the Palace of Westminster, in London. ... Parliamentary sovereignty or Parliamentary supremacy is the concept in British constitutional law that a parliament has sovereignty. ... This article is about the legislative institution. ... A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ...


Ex post facto is the uncomplimentary characterization of law and legislation that applies retroactively (i.e. "from a thing done afterward").

Contents

Ex post facto laws around the world

Australia

Australia has no strong constitutional prohibition on ex post facto laws, although narrowly retroactive laws might violate the constitutional separation of powers principle. Australian courts normally interpret statutes with a strong presumption that they do not apply retroactively. The Politics series Politics Portal This box:      Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...


Retroactive laws designed to prosecute what was perceived to have been a blatantly unethical means of tax avoidance were passed in the early 1980s by the Fraser government (see Bottom of the harbour tax avoidance). This article contrasts tax evasion, tax avoidance and tax mitigation. ... This article is about the former prime minister of Australia; for the Western Australian public servant, see Malcolm Fraser (surveyor). ... Bottom of the harbour tax avoidance was a form of tax avoidance used in Australia in the 1970s. ...


Canada

In Canada, ex post facto criminal laws are constitutionally prohibited by section 11(g) of the Charter of Rights and Freedoms. Also, under section 11(i) of the Charter, if the punishment for a crime has varied between the time the crime was committed and the time of a conviction, the convicted person is entitled to the lesser punishment. However, it is possible for any of the provincial parliaments to create such a law by using the authority found in section 33 of the Charter (commonly referred to as the notwithstanding clause), as this section permits legislation to override certain provisions of the Charter, including section 11. crap ... The Canadian Charter of Rights and Freedoms is the bill of rights which forms part of the Constitution of Canada adopted in 1982. ... Section Thirty-three of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. ...


Finland

Finland has used ex post facto legislature in 1945, after the World War Two on the trial of the war responsibilities in Finland. A law which made the pre-war politics criminal was passed in order to get the leaders nominated by Stalin sentenced. Generally ex post facto jurisprudence is considered violating the Romano-German judicial system, and are banned by the Constitution of Finland. Still, ex post facto laws may be used in civil cases, especially concerning to vehicle taxes.


France

The expression "Ex post facto law" translates to "loi rétroactive" in French. In France, any ex post facto criminal law may be applied only if the retroactive application benefits the accused person (called retroactivity "in mitius"). An example of this rule would be a case where a weaker sentence is now applicable but was not previously applicable. See also the Declaration of the Rights of Man and of the Citizen. Declaration of the Rights of Man and of the Citizen: Revolutionary patriotism borrows familiar iconography of the Ten Commandments Wikisource has original text related to this article: Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (French: La...


Germany

Article 103 of the German basic law requires that an act may only be punished if it has already been punishable by law at the time it was committed (specifically: by written law, Germany following civil law). The Nuremberg Trials resulted in the enforcing of ex post facto laws. Basic Law for the Federal Republic of Germany The Basic Law for the Federal Republic of Germany (German: Grundgesetz für die Bundesrepublik Deutschland) is the constitution[1] of Germany. ... For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ...


India

In India without using the expression "Ex post facto law" the underlying principle has been adopted in the Article 20 (1) of the Indian Constitution in the following words:


"No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which have been inflicted under the law in force at the time of commission of the offence."


Indonesia

Article 28I of the Indonesian constitution prohibits trying citizens under retroactive laws in any circumstance. This was tested in 2004 when the conviction of one of the Bali bombers under retroactive anti-terrorist legislation was quashed. The Bali Bombing occurred on October 12, 2002 in the town of Kuta on the Indonesian island of Bali, killing 202 people and injuring a further 209. ...


Iran

Ex post facto laws, in all contexts, are prohibited by Article 169 (Chapter 11) of Iran's constitution. The December 1979 constitution, and its 1989 amendment, define the political, economic, and social order of the Islamic Republic of Iran. ...


Italy

Article 25, paragraph 2, of the Italian Constitution establishing that "nobody can be punished but according to a law come into force before the deed was committed", prohibits indictment pursuant a retroactive law. Article 11 of preliminary provisions to the Italian Civil Code and Article 3, paragraph 1, of the Statute of taxpayer's rights prohibit retroactive laws on principle. Such provisions can be derogated, however, by acts having force of the ordinary law. The Constitution of the Italian Republic (Italian, trans. ...


Ireland

The imposition of retroactive criminal sanctions is prohibited by Article 15.5.1° of the constitution of the Republic of Ireland. Retroactive changes of the civil law have also been found to violate the constitution when they would have resulted in the loss in a right to damages before the courts, the Irish Supreme Court having found that such a right is a constitutionally protected property right. The Four Courts in Dublin. ...


Japan

Article 39 of the constitution of Japan prohibits the retroactive application of laws. Article 6 of Criminal Code of Japan further state that if a new law comes into force after the deed was committed, the lighter punishment must be given. The Criminal Code (刑法 Keihō) of Japan was passed in 1907 as Law No. ...


New Zealand

Section 7 of the Interpretation Act 1999 stipulates that enactments do not have retrospective effect.


Norway

Article 97 of the Norwegian constitution prohibits any law to be given retroactive effect.


Philippines

The 1987 Constitution of the Philippines categorically prohibits the passing of any ex post facto law. Article III (Bill of Rights), Section 22 specifically states: "No ex post facto law or bill of attainder shall be enacted." A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ...


South Africa

Prohibited in criminal law by clause 35.(3)(l) of the Constitution of the Republic of South Africa; an exception exists for offenses which were illegal under international law at the time of commission. Providing a constitution for public international law, the United Nations was conceived during World War II International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems...


Sweden

In Sweden, retroactive penal sanctions and other retroactive legal effects of criminal acts due the State are prohibited by chapter 2, article 22, point 5 of the Instrument of Government (Regeringsformen). Retroactive taxes or charges are not prohibited, but they can have retroactive effect reaching back only to the time when a new tax bill was proposed by the government. The retroactive effect of a tax or charge thus reaches from that time until the bill is passed by the parliament. The Swedish Constitution consists of four fundamental laws (Swedish: grundlagar): The Instrument of Government (Regeringsformen, 1974) The Act of Succession (Successionsordningen 1810) The Freedom of the Press Act (Tryckfrihetsförordningen 1766) The Fundamental Law on Freedom of Expression (Yttrandefrihetsgrundlagen 1991) There is also a law on the working order of...


Turkey

Ex post facto punishment is prohibited by Article 38 of the Constitution of Turkey.


United Kingdom

In the United Kingdom, ex post facto laws are strictly frowned upon, but are permitted by virtue of the doctrine of parliamentary sovereignty. Historically, all acts of Parliament before 1793 were ex post facto legislation, inasmuch as their date of effect was the first day of the session in which they were passed. This situation was rectified by the Acts of Parliament (Commencement) Act 1793. Parliamentary sovereignty, parliamentary supremacy, or legislative supremacy is a concept in constitutional law that applies to some parliamentary democracies. ... The Acts of Parliament (Commencement) Act 1793 is an Act of the Parliament of Great Britain (citation 33 Geo. ...


Ex post facto criminal laws are prohibited by Article 7 of the European Convention on Human Rights, to which the United Kingdom is a signatory, but parliamentary sovereignty, in theory, takes priority even over this. “ECHR” redirects here. ...


United States

In the United States, ex post facto laws are prohibited in federal law by Article I, section 9 of the U.S. Constitution and in state law by section 10. Over the years, when deciding ex post facto cases, the United States Supreme Court has referred repeatedly to its ruling in the Calder v. Bull case of 1798, in which Justice Chase established four categories of unconstitutional ex post facto laws. The case dealt with Article I, section 10, since it dealt with a Connecticut state law. Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Wikisource has original text related to this article: Article One of the United States Constitution Article One of the United States Constitution describes the powers of the legislative branch of the United States government, known as Congress, which includes the House of Representatives and the Senate. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... The Case of Calder v. ... Year 1798 (MDCCXCVIII) was a common year starting on Monday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Friday of the 11-day slower Julian calendar). ... This article or section does not cite any references or sources. ...


However, not all laws with ex post facto effects have been found to be unconstitutional. One current U.S. law that has an ex post facto effect is the Adam Walsh Child Protection and Safety Act of 2006. This law, which imposes new registration requirements on convicted sex offenders, gives the U.S. Attorney General the authority to apply the law retroactively.[1] The U.S. Supreme Court ruled in Smith v. Doe (2003) that forcing sex offenders to register their whereabouts at regular intervals and the posting of personal information about them on the Internet does not violate the constitutional prohibition against ex post facto laws, because compulsory registration of offenders who completed their sentences before new laws requiring compliance went into effect does not constitute a punishment.[2] The Adam Walsh Child Protection and Safety Act (Pub. ... It has been suggested that Sex offender registry be merged into this article or section. ... The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Smith v. ...


Another example is the so-called Lautenberg law where firearms prohibitions were imposed on those convicted of misdemeanor domestic violence offenses and subjects of restraining orders (which do not require a criminal conviction). These individuals can now be sentenced to up to 10 years in a federal prison for possession of a firearm, regardless of whether or not the weapon was legally possessed at the time the law was passed. Among those that it is claimed the law has affected is a father who was convicted of a misdemeanor of child abuse despite claims that he had only spanked his child, since anyone convicted of child abuse now faces a lifetime firearms prohibition. The law has been legally upheld because it is considered regulatory, not punitive - it is a status offense. The Domestic Violence Offender Gun Ban (1996) was a piece of legislation passed by the US Congress. ... This is a list of U.S. federal prisons. ... Child abuse is the physical, psychological or sexual abuse or neglect of children. ... [1] This article is about the use of spanking as discipline. ... A status offense is an action that is a crime only if the perpetrator is a minor. ...


Finally, Calder v. Bull expressly stated that a law that "mollifies" a criminal act was merely retrospective and not an ex post facto law. The current debate over granting telecoms retroactive immunity for their part in warrantless wiretapping is one that does not invoke the ex post facto clause in the U.S. Constitution. The Case of Calder v. ... Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Syng inkstand, with which the Constitution was signed The Constitution of the United States is the supreme...

See also: Fourteenth Amendment to the United States Constitution, Bouie v. City of Columbia, Rogers v. Tennessee, and Stogner v. California

Amendment XIV in the National Archives The Fourteenth Amendment to the United States Constitution (Amendment XIV) is one of the post-Civil War amendments (known as the Reconstruction Amendments), first intended to secure rights for former slaves. ... 378 U. S. 347, 354, in which the United States Supreme Court held that due process prohibits retroactive application of any judicial construction of a criminal statute that is unexpected and indefensible by reference to the law which has been expressed prior to the conduct in issue. ... In this 2001 case, the United States Supreme Court held that Tennessees retroactive abolition of the year and a day rule was constitutional. ...

European Convention on Human Rights

Most European nations, and all European Union nations, are bound by the European Convention on Human Rights. Article 7 of the convention prohibits ex post facto criminal laws subject to two exceptions. It also prohibits a heavier penalty being imposed than was applicable at the time when an act was committed. The exceptions are: “ECHR” redirects here. ...

  • Acts illegal under international law at the time of their commission.
  • Acts criminal according to "the general principles of law recognized by civilized nations".

Providing a constitution for public international law, the United Nations was conceived during World War II International law is the term commonly used for referring to the system of implicit and explicit agreements that bind together nation-states in adherence to recognized values and standards, differing from other legal systems...

Quotations

  • "The sentiment that ex post facto laws are against natural right is so strong in the United States, that few, if any, of the State constitutions have failed to proscribe them. The federal constitution indeed interdicts them in criminal cases only; but they are equally unjust in civil as in criminal cases, and the omission of a caution which would have been right, does not justify the doing what is wrong. Nor ought it to be presumed that the legislature meant to use a phrase in an unjustifiable sense, if by rules of construction it can be ever strained to what is just." (Thomas Jefferson, Letter to Isaac McPherson, August 13th, 1813)

Thomas Jefferson (13 April 1743 N.S.–4 July 1826) was the third President of the United States (1801–09), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of Republicanism in the United States. ...

Grammatical form and usage

To students of Latin, this phrase doesn't appear to make sense, as it consists of the preposition ex, the preposition post, and a noun with the wrong grammatical case to agree with post. Indeed, the Latin for this phrase is actually two words, ex postfacto, literally, out of a postfactum (an after-deed), or more naturally, from a law passed afterward. It has been suggested that this article or section be merged with adposition. ... In linguistics, a noun or noun substantive is a lexical category which is defined in terms of how its members combine with other grammatical kinds of expressions. ... In grammar, the case of a noun or pronoun indicates its grammatical function in a greater phrase or clause; such as the role of subject, of direct object, or of possessor. ...


Therefore, ex post facto or ex postfacto is natively an adverbial phrase, a usage demonstrated by the sentence "He was convicted ex post facto (i.e., from a law passed after his crime)." The law itself would rightfully be a postfactum law (lex postfacta); nevertheless, despite its redundant or circular nature, the phrase an ex post facto law is used.


See also

The phrase Nulla poena sine lege (Latin: no penalty without a law) refers to the legal principle that one cannot be penalised for doing something that isnt prohibited by law. ... This page includes English translations of several Latin phrases and abbreviations such as . ...

References

  1. ^ Library of Congress text of H.R.4472.
  2. ^ Ex Post Facto Laws.
The Universal Declaration of Human Rights (abbreviated UDHR) is an advisory declaration adopted by the United Nations General Assembly (A/RES/217, 10 December 1948 at Palais de Chaillot, Paris). ... For other uses, see Freedom. ... Egalitarianism (derived from the French word égal, meaning equal or level) is a political doctrine that holds that all people should be treated as equals from birth. ... This article is about virtue. ... Look up brotherhood in Wiktionary, the free dictionary. ... This article needs to be wikified. ... Parties to the ICCPR: members in green, non-members in grey The International Covenant on Civil and Political Rights is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976. ... The term right to life is a political term used in controversies over various issues that involve the taking of a life (or what is perceived to be a life). ... For other uses, see Liberty (disambiguation). ... Human security refers to an emerging paradigm for understanding global vulnerabilities whose proponents challenge the traditional notion of national security by arguing that the proper referent for security should be the individual rather than the state. ... Slave redirects here. ... For other uses, see Torture (disambiguation). ... Cruel And Unusual redirects here. ... For other uses, see Person (disambiguation). ... Equality before the law or equality under the law or legal egalitarianism is the principle under which each individual is subject to the same laws, with no individual or group having special legal privileges. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... 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  Results from FactBites:
 
ex post facto - Origin Of ex post facto | Encyclopedia.com: Dictionary of Etymology (781 words)
It's an ex post facto fact: Supreme Court misapplies the ex post facto clause to criminal procedure.
The ex post facto clause and the jurisprudence of punishment
This led to Ex parte Garland (1867), a Supreme Court case in which Garland successfully pleaded that since the act was an ex post facto law it was unconstitutional.
Prohibition Against Ex Post Facto Laws - House Research (822 words)
A new law eliminating the applicability of the medical privilege to certain evidence in child abuse cases is not ex post facto as applied to proceedings concerning crimes committed before the law’s effective date.
A new law requiring a defendant to pay extradition costs does not violate the ex post facto clause because its purpose is to reimburse the state for its expenses, not to punish the defendant.
Laws permitting the civil commitment of sexually dangerous persons and requiring sex offenders to register their living address with law enforcement authorities do not violate the ex post facto clause because these laws are civil, regulatory laws that are not sufficiently punitive in purpose or effect so as to negate their civil label.
  More results at FactBites »

 
 

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