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Topic: Ex post facto


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In the News (Fri 4 Dec 09)

  
  Ex post facto law - Wikipedia, the free encyclopedia
An ex post facto law (Latin for "from a thing done afterward" or "after the deed"), also known as a retrospective law, is a law that acts retroactively, affecting facts or legal relationships that existed prior to the enactment of the law.
Generally speaking, ex post facto laws are seen as a violation of the rule of law as it applies in a free and democratic society.
United Kingdom - Ex post facto laws are permitted under the doctrine of the 'sovereignty of parliament'; in criminal law, however, ex post facto laws are prohibited by article 7 of the European Convention on Human Rights.
en.wikipedia.org /wiki/Ex_post_facto   (789 words)

  
 Legal Definition of 'Ex Post Facto Clause'
EX POST FACTO CLAUSE - A misnomer in that actually two Constitutional clauses are involved.
The 'words and the intent' of the Ex Post Facto Clause encompass '[e]very law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.' Calder v.
An ex post facto law is a law passed after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action.
www.lectlaw.com /def/e086.htm   (122 words)

  
 Ex post facto law -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-08)
An ex post facto law ((Any dialect of the language of ancient Rome) Latin for "from a thing done afterward" or "after the deed"), also known as a retrospective law, is a law that acts retroactively, affecting facts or legal relationships that existed prior to the enactment of the law.
Generally speaking, ex post facto laws are seen as a violation of the (A state of order in which events conform to the law) rule of law as it applies in a free and democratic society.
Over the years, when deciding ex post facto cases, the (The highest federal court in the United States; has final appellate jurisdiction and has jurisdiction over all other courts in the nation) United States Supreme Court has referred repeatedly to its ruling in the Calder v.
www.absoluteastronomy.com /encyclopedia/e/ex/ex_post_facto_law.htm   (776 words)

  
 Article 17. Ex post facto laws; retrospective oaths or restrictions.   (Site not responding. Last check: 2007-10-08)
Ex post facto laws; retrospective oaths or restrictions.
Constitutional prohibitions forbidding the State to pass an ex post facto law are not applicable to civil proceedings.
- The ex post facto prohibition is applicable to a change in the law shifting the burden of proof from the State to the insanity acquittee at a conditional release revocation hearing.
www.elections.state.md.us /citizens/law/mdr17/mdr_17.htm   (1369 words)

  
 Criminal Appeal: Ex post facto   (Site not responding. Last check: 2007-10-08)
Posted by Jonathan Soglin at 09:15 PM in Ex post facto, Juvenile Delinquency
Penal Code section 803(g)---the special statute of limitations for sex offenses against children---did not violate the ex post facto clause when applied to the offenses which were not time-barred as of Jan. 1, 1994, the effective date of the revival statute.
Posted by Jonathan Soglin at 07:20 PM in Ex post facto, Statute of Limitations
www.crimblawg.com /ex_post_facto   (707 words)

  
 SurfWax: News, Reviews and Articles On Ex Post Facto
because, DRJ, this is an ex post facto mandate...
That is technically an "ex post facto" (adding punishment after the fact) law, which is illegal, but they weasel out of it by saying it isn't punishment, it is just aiding "public safety" by restricting "privileges" of persons with a "felony status", not punishment for a crime...
Ex post facto is Latin for "after the fact." The U.S. Constitution prohibits any laws from reaching back and punishing those acts committed before the date of a law's effect.
www.lawkt.com /files/Ex_Post_Facto.html   (4815 words)

  
 Legal Definition of 'Ex Post Facto'
EX POST FACTO - Term used to designate action taken to change the effect given to a set of circumstances.
Ex post facto laws are prohibited by the U.S. Constitution.
A law implicates the Ex Post Facto Clause only if it criminalizes conduct that was not a crime when it was committed, increases the punishment for a crime beyond what it was at the time the act was committed, or deprives a person of a defense available at the time the act was committed.
www.lectlaw.com /def/e052.htm   (183 words)

  
 Axis History Forum :: View topic - Crimes against humanity - an ex post facto law?   (Site not responding. Last check: 2007-10-08)
Ex post facto laws have been feared and rejected by Anglo-Saxon common law for at least 250 years.
Ex post facto laws are prohibited by Article I, Sections 9 and 10, of the Constitution of the United States.
You are confusing the Anglo-Saxon concept of an ex post facto law with the much earlier Roman law maxim "nullum crimen sine lege, nulla poena sine lege" (no crime without a law [prohibiting the act], no punishment without a law).
forum.axishistory.com /viewtopic.php?t=27987   (3752 words)

  
 Prohibition Against Ex Post Facto Laws - House Research
The state is expressly prohibited from enacting an ex post facto law by article I, section 10 of the United States Constitution and article 1, section 11 of the Minnesota Constitution.
A law is not ex post facto if it merely changes trial procedures or rules of evidence and operates in only a limited and unsubstantial manner to the accused’s disadvantage.
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.
www.house.leg.state.mn.us /hrd/issinfo/clssexpost.htm   (822 words)

  
 Ex Post Facto Laws   (Site not responding. Last check: 2007-10-08)
Senator Frank Lautenberg, who proposed the amendment, however, has argued that the provision is not being applied in violation of the ex post facto clause of the Constitution.
And the determination may well revolve around whether the court considers banning the possession or receiving of firearms or ammunition for anyone who has been convicted of a disqualifying misdemeanor to be a "punishment" under the law.
In another 1885 case, a deportation law authorizing the Secretary of Labor to expel aliens for criminal acts committed before its passage was held not to be ex post facto since deportation was not deemed a punishment.
www.cjjohns.com /c_law/expost.html   (674 words)

  
 Ex post facto nightmare
Article I, Sections 9 and 10, of the U.S. Constitution prohibits the government from enacting ex post facto laws -- laws passed then applied retroactively -- or laws impairing the obligation of contracts.
Ex Post Facto income tax laws are the rule, and have been for decades.
All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
www.freerepublic.com /focus/f-news/951364/posts   (445 words)

  
 THE CASE AGAINST CIVIL EX POST FACTO LAWS
Given that the clear constitutional ban on ex post facto laws does not distinguish between criminal and civil laws and given our own intuitions about fairness in the legal system, the prohibition on ex post facto laws should be extended to civil laws in order to prevent unfair and capricious changes in the law.
Short of a prohibition on all ex post facto laws, or at least certain types of civil ex post facto laws, an individual would have to be ignorant to reasonably trust that civil laws would not be applied retroactively.
Yet such a milder ex post facto law still would be objectionable, because it would deprive individuals of large portions and uses of their property, and it would deprive them of the ability to know in advance which laws will apply to their property.
www.cato.org /pubs/journal/cj15n2-3-4.html   (8968 words)

  
 CR971060
State, and we held that the Ex Post Facto Clause does not prohibit the retroactive application of a measure that disadvantages an accused by denying him only the opportunity to reduce his sentence.
In Ellis, we analyzed recent decisions by the United States Supreme Court and concluded that the Ex Post Facto Clause prohibits the retroactive application of legislative acts that disadvantage the accused in the form of altering the definition of criminal conduct or increasing the penalty by which a crime is punishable.
We also concluded that where the award of good time is discretionary, as it is in the case of "extra good time," the disadvantage suffered by the inmate is in the form of a lost opportunity to earn good time toward the reduction of hissentence.
courts.state.ar.us /opinions/1999a/19990415/cr971060.html   (877 words)

  
 [No title]
In the petition, Ellis alleged that Acts 536 and 558 were ex post facto legislation because they were applied retroactively to deny him the ability to earn extra good time.
The State contends that because the retroactive application of Acts 536 and 558 does neither, the ex post facto clauses are not violated.
Ellis contends that the Court in Weaver recognized that a measure that retroactively affects a prisoner's opportunity to reduce his prison term is the kind of disadvantage that is prohibited by the Ex Post Facto Clause.
courts.state.ar.us /opinions/1998a/980507/97-104.txt   (1438 words)

  
 FindLaw's Writ - Amar: A Pending Supreme Court Case Addresses Ex Post Facto Laws
Indeed, they are so powerful that ex post facto laws probably would be held implicitly unconstitutional, under several other provisions, even if they were not expressly banned in the Constitution.
When a legislature makes an ex post facto law, it knows (or at least is able to know) whom it is transforming into a criminal.
In short, the ex post facto ban is an illustration of an overarching constitutional concern with systematic unfairness.
writ.news.findlaw.com /amar/20030404.html   (2284 words)

  
 Sentencing Law and Policy: Ex post facto, due process and cases in the pipeline
In this post and in my testimony in November to the US Sentencing Commission, I spotlighted ex post facto issues as a reason for Congress and the USSC to react cautiously to Booker.
Posted by: Alex E. Jan 18, 2005 11:32:04 AM Does anyone have any thoughts on cases where there was a conviction, in which no enhancements were proven or admitted, prior to Jan 12 that have not been sentenced?
Posted by: Alex E. Jan 18, 2005 12:26:15 PM I am an Assistant Federal Public Defender in Oregon.
sentencing.typepad.com /sentencing_law_and_policy/2005/01/ex_post_facto_d.html   (1319 words)

  
 February 10, 1997: Grandfather Clauses and Ex-Post Facto Laws
Chief among them seems to be the claims that it is an ex-post facto law which is specifically prohibited in the main body of the US Constitution.
They claim that it is an ex-post facto law and a legal challenge to the law is likely on those constitutional grounds.
The ex-post facto issue raised by the domestic abuse bill may end up being resolved in the Supreme Court if it is not dealt with soon through corrective legislative action.
www.saf.org /pub/rkba/hindsight/hs970210.html   (1394 words)

  
 Ex Post Facto | Submission Guidelines
The editors of Ex Post Facto seek papers for publication displying original scholarship that may be interdisciplinary, but should be predominantly historical in focus.
Submissions should be placed in the EPF mailbox in the History Department office.
Ex Post Facto is also soliciting Book Reviews.
userwww.sfsu.edu /~epf/submissions.html   (368 words)

  
 Sentencing Law and Policy: Ex post facto headaches from any legislative response to Booker
After speaking to many smart folks about the ex post facto implications of the Bowman fix, I concluded that no one is really sure how to tackle the issue.
In addition to spotlighting many key ex post facto issues, the memo serves as an important reminder that any effort to apply a post-Booker legislative fix immediately risks producing another wave of confusing litigation.
Posted by: Doug B. Feb 7, 2005 10:15:43 AM This is good.
sentencing.typepad.com /sentencing_law_and_policy/2005/02/ex_post_facto_h.html   (659 words)

  
 Ninth Circuit Capital Punishment Handbook   (Site not responding. Last check: 2007-10-08)
The constitutional prohibition of ex post facto laws is particularly relevant in death penalty law where state statutes have been rewritten so often.
A law is ex post facto when it is retroactively applied and not ameliorative-but rather disadvantageous-to the offender.
Although the ex post facto prohibition literally applies only to legislation, the Supreme Court has incorporated its principles into the due process clauses of the Fifth and Fourteenth Amendments.
www.ce9.uscourts.gov /web/sdocuments.nsf/0/3e35f43b881c084688256849006abc82?OpenDocument   (671 words)

  
 LII: lexicon: ex post facto   (Site not responding. Last check: 2007-10-08)
Ex post facto -- What does it mean?
Latin for "from a thing done afterward." Ex post facto is most typically used to refer to a law that applies retroactively, thereby criminalizing conduct that was legal when originally performed.
Two clauses in the US Constitution prohibit ex post facto laws: Art 1, § 9 and Art.
straylight.law.cornell.edu /lexicon/ex_post_facto.htm   (67 words)

  
 The Constitutional Dictionary - The U.S. Constitution Online - USConstitution.net
In U.S. Constitutional Law, the definition of what is ex post facto is more limited.
The first definition of what exactly constitutes an ex post facto law is found in Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase:
Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
www.usconstitution.net /glossary.html   (1686 words)

  
 Carmell v. Texas: The Ex Post Facto Clause   (Site not responding. Last check: 2007-10-08)
The Ex Post Facto clause of the Constitution is fairly straightforward.
However, there are subtleties in Ex Post Facto jurisprudence that were neatly summarized in a case decided in the past couple weeks.
Justice Story wrote early about the Ex Post Facto clause, “If the laws in being do not punish an offender, let him go unpunished; let the legislature, admonished of the defect of the laws, provide against the commission of future crimes of the same sort.
209.52.189.2 /article.cfm/7261/41035   (502 words)

  
 Ex Post Facto Welfare Law   (Site not responding. Last check: 2007-10-08)
The state Medicaid agency is applying a 1986 law (Public Law 99-272 =A7 9506(a) (April 7, 1986), 42 USCA =A7 1396a(k)) to require the trustee to distribute corpus.=20 Information on a civil case where the court refused to apply a law to an act or contract that predated the law would be greatly appreciated.
I am trying to prevent the state from applying the 1986 law to the 1977 law on notice grounds, or other grounds similar to ex post facto.
It is difficult to apply the ex post facto prohibition in civil or administrative cases.
legalminds.lp.findlaw.com /list/lawsrc-l/msg00005.html   (222 words)

  
 Don't Quote Me   (Site not responding. Last check: 2007-10-08)
NBC and the Post Company both announced they would not force their staff members to renege on existing freelance agreements with media organizations that are now competitors, such as CNN.
Katharine Graham, who chairs the Post Company's executive committee, and her son, Donald, the chairman and CEO of the company, made their reputations by standing up to Richard Nixon.
Fear is certainly a motivating factor for the Washington Post Company: the Post's circulation is in decline, and since it has one of the highest local-penetration rates in the country, the only way it can grow is to go national.
www.bostonphoenix.com /archive/features/99/11/25/DON_T_QUOTE_ME.html   (2520 words)

  
 ex post facto law --  Encyclopædia Britannica
More results on "ex post facto law" when you join.
Some civil liberties were specified in the original document, notably in the provisions guaranteeing the writ of habeas corpus and trial by jury in criminal cases (Article III, Section 2) and forbidding bills of attainder and ex post facto laws (Article I,...
With the publication of her book Etiquette in Society, in Business, in Politics, and at Home, Emily Post became the leading authority on social behavior in the United States.
www.britannica.com /eb/article-9033395   (910 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 53 of 58
1817 Even though a law is ex post facto and invalid as to crimes committed prior to its enactment, it is nonetheless valid as to subsequent offenses.
Florida, 1833 the Court may have formulated a new test for determining when a criminal statute vis-a-vis punishment is ex post facto.
The Court rejected the ex post facto challenge to the sentence on the basis that whether the old statute was constitutional or not, ''it clearly indicated Florida's view of the severity of murder and of the degree of punishment which the legislature wished to impose upon murderers.
caselaw.lp.findlaw.com /data/constitution/article01/53.html   (2013 words)

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