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Topic: Ex post facto law


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In the News (Wed 9 Dec 09)

  
  ex post facto - Origin Of ex post facto | Encyclopedia.com: Dictionary of Etymology
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.
www.encyclopedia.com /doc/1O27-expostfacto.html   (781 words)

  
 Prohibition Against Ex Post Facto Laws - House Research
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.
www.house.leg.state.mn.us /hrd/issinfo/clssexpost.htm   (822 words)

  
 Ex Post Facto Laws
Any law, which makes criminal an act that was not criminal when done, or which inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law.
Laws are binding only from the date of their creation or from some future date at which they are specified as taking effect.
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 /cjjohns/radios/expost.html   (674 words)

  
 HowStuffWorks "Ex post facto"
Ex post facto is a Latin term meaning from what is done afterwards.
An ex post facto law is one that not only will make a particular act a crime from the time it is passed, but will also punish any person who has already committed the act.
Sunset laws are laws that require certain state government agencies and programs to be reviewed regularly by the state legislature.
reference.howstuffworks.com /ex-post-facto-encyclopedia.htm   (166 words)

  
  Ex post facto law - Wikipedia, the free encyclopedia
An ex post facto law (from the Latin for "from something done afterward") 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.
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.
Most common law jurisdictions do not permit retroactive 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.
en.wikipedia.org /wiki/Ex_post_facto   (1010 words)

  
 Lalor, Cyclopaedia of Political Science, V.2, Entry 45, EX POST FACTO LAWS: Library of Economics and Liberty
Such laws are held to be contrary to the fundamental principles of a free government, and the restrictions of the constitution that the legislatures of the several states shall not pass such laws, secures the person of the subject from injury or punishment in consequence of such law.
By the same law he was entitled to have counsel assigned him by the government, to process to compel the attendance of witnesses, to a copy of his indictment and a list of jurors who were to try him.
The law very frequently provides heavier punishment for a second or third offense than for a first; and in providing such heavier penalties it has been determined as not unreasonable that the previous conviction to be taken into account may have taken place before the law was passed.
www.econlib.org /library/YPDBooks/Lalor/llCy436.html   (1876 words)

  
 Article 17. Ex post facto laws; retrospective oaths or restrictions.
That retrospective Laws, punishing acts committed before the existence of such Laws, and by them only declared criminal, are oppressive, unjust and incompatible with liberty; wherefore, no ex post facto Law ought to be made; nor any retrospective oath or restriction be imposed, or required.
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)

  
 OSCN Found Document:Jones v State
And it was held that the statute, as thus construed, was not an ex post facto law.
That work (7th Ed., at page 383) recites: `And a law is not objectionable as an ex post facto which, in providing for the punishment of future offenses, authorizes the offender's conduct in the past to be taken into the account, and the punishment to be graduated accordingly.
Heavier penalties are often provided by law for a second or any subsequent offense than for the first, and it has not been deemed objectionable that, in providing for such heavier penalties, the prior conviction authorized to be taken into the account may have taken place before the law was passed.
www.oscn.net /applications/oscn/DeliverDocument.asp?citeID=17326   (3461 words)

  
 143 Wn.2d 658, STATE v. SCHMIDT
For purposes of determining whether a new law affecting a convicted offender violates the constitutional prohibition against ex post facto laws, the offender is not "disadvantaged" by the law unless it alters the standard of punishment for the offense that existed under the prior law.
A law restricting behavior as a relevant incident to the regulation of a present situation is not an ex post facto law.
The majority believes the ex post facto clause was not violated in these cases because, in its opinion, RCW 9.41.040 is a regulatory statute and not punitive.
www.mrsc.org /mc/courts/supreme/143wn2d/143wn2d0658.htm   (7886 words)

  
 Article 1, Section 10, Clause 1: Calder v. Bull
The effect of the resolution or law of Connecticut, above stated, is to revise a decision of one of its inferior courts, called the court of probate for Hartford, and to direct a new hearing of the case by the same court of probate, that passed the decree against the will of Normand Morrison.
Every law that is to have an operation before the making thereof, as to commence at an antecedent time; or to save time from the statute of limitations; or to excuse acts which were unlawful, and before committed, and the like, is retrospective.
The restraint against making any ex post facto laws was not considered by the framers of the constitution, as extending to prohibit the depriving a citizen even of a vested right to property; or the provision, "that private property should not be taken for public use, without just compensation," was unnecessary.
press-pubs.uchicago.edu /founders/documents/a1_10_1s10.html   (4598 words)

  
 CALDER et WIFE
In a unanimous decision, the Court held that the legislation was not an ex post facto law.
If the term ex post facto law is to be construed to include and to prohibit the enacting any law after a fact, it will greatly restrict the power of the federal and state legislatures; and the consequences of such a construction may not be foreseen.
If the prohibition to make no ex post facto law extends to all laws made after the fact; the two prohibitions, not to make any thing but gold and silver coin a tender in payment of debts; and not to pass any law impairing the obligation of contracts, were improper and unnecessary.
faculty.cua.edu /pennington/Law111/CaldervBull.htm   (5019 words)

  
 89016 -- City of Norton v. Hurt -- Gernon -- Kansas Supreme Court
For legislation to violate the ex post facto prohibition, the criminal conduct must have occurred before the law was enacted.
A function of the Ex Post Facto Clause is to bar enactments which, by retroactive operation, increase the punishment for a crime after its commission.
Anderson attacked the amendment as an ex post facto law, claiming that the amendment enhanced the punishment for a crime he committed in 1979 when the time spent on parole was included in the prison calculations.
www.kscourts.org /kscases/supct/2003/20030418/89016.htm   (1170 words)

  
 Review of Cuban-American Blogs: Ex Post Facto Laws Are Unconstitutional
The law, which mandates their deportation without a hearing or consideration of extenuating circumstances, and, sometimes, even when they they have been convicted of no crime, was passed in 1988 and emended in 1996, when its application was made retroactive.
Ex post facto laws are not new; they are as old as the oldest tyranny.
The prohibition against ex post facto laws was one of the sacred precepts of Western jurisprudence, and, indeed, Western civilization before the War.
reviewofcuban-americanblogs.blogspot.com /2007/10/ex-post-facto-laws-are-unconstitutional.html   (1561 words)

  
 What is Ex Post Facto?
More often, an ex post facto law might toughen punishments on crimes, and if the law is changed before a suspect comes to trial, he or she might be subject to tougher punishments than previously expected.
Laws requiring the registration of sex offenders may be applied ex post facto to criminals convicted before establishment of the law.
Opponents of applying registration laws ex post facto argue that the initial punishment of those convicted did not stipulate for registration, and it is thus outside of the rights of the court to require such.
www.wisegeek.com /what-is-ex-post-facto.htm   (445 words)

  
 Protection against ex-post-facto laws
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) retrospectively.[2] A law may have an ex post facto effect without being technically ex post facto.
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.
A law providing for a minimum sentence of fine on conviction does not impose a greater penalty than what might have been inflicted under the law at the time of the commission of the offence when such a law authorized imposition of an unlimited fine for the same offence.
www.legalserviceindia.com /article/l60-Protection-against-ex-post-facto-laws.html   (2734 words)

  
 Ex Post Facto Laws - United States Constitution
The law’s requirements do not closely resemble punishments of public disgrace imposed in colonial times; the stigma of Megan’s Law results not from public shaming but from the dissemination of information about a criminal record, most of which is already public.
United States, 383 U.S. The fact that a law is ex post facto and invalid as to crimes committed prior to its enactment does not affect its validity as to subsequent offenses.
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.
law.onecle.com /constitution/article-1/59-ex-post-facto-laws.html   (2077 words)

  
 Connor’s Conundrums » Ex Post Facto Law
Secondly, while there’s some evidence that some of the “framers” thought “ex post facto” included civil laws, it’s well-established that the most influential federalists in the late 18th Century understood an “ex post facto law” to mean a law that was 1) criminal, 2) functioned retroactively, and 3) worked to the detriment of the accused.
This article supports the opinion that ex post facto law is permitted for civil matters, as does this collection of court cases.
As Madison argued in Federalist 44, ex post facto laws in general are “contrary to the first principles of the social compact and to every principle of sound legislation.” In that vein, I believe that it matters little if the issue is a criminal or civil one.
www.connorboyack.com /blog/ex-post-facto-law   (2764 words)

  
 Bills of Attainder and Ex Post Facto Laws - United States Constitution
Every law that makes criminal an act which was innocent when done, or which inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law within the prohibition of the Constitution.
The issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis.
A deportation law authorizing the Secretary of Labor to expel aliens for criminal acts committed before its passage is not ex post facto since deportation is not a punishment.
law.onecle.com /constitution/article-1/52-bills-of-attainder.html   (1970 words)

  
 100 Wn. App. 297, STATE v. SCHMIDT
The constitutional prohibition against ex post facto application of laws that increase the punishment for existing offenses is intended to ensure fair notice and governmental restraint when such laws are enacted.
A statute does not violate the constitutional ex post facto law prohibition unless it (1) is a criminal or punitive statute and (2) punishes a previously committed act that was innocent or less permissible when done.
Some ex post facto questions of the increased-punishment type have arisen in connection with the passage of habitual criminal laws, which impose enhanced penalties for later offenses if the defendant has previously been convicted of one or more crimes.
www.mrsc.org /mc/courts/appellate/100wnapp/100wnapp0297.htm   (3254 words)

  
 CALDER V. BULL, 3 U. S. 386 (1798) -- US Supreme Court Cases from Justia & Oyez
A resolution or law of the State of Connecticut setting aside a decree of a court and granting a new trial to be had before the same court is not void under the Constitution as an ex post facto law.
Every law that is to have an operation before the making thereof, as to commence at an antecedent time or to save time from the statute of limitations or to excuse acts which were unlawful, and before committed, and the like, is retrospective.
If the term "ex post facto law" is to be construed to include and to prohibit the enacting any law after a fact, it will greatly restrict the power of the federal and state legislatures, and the consequences of such a construction may not be foreseen.
supreme.justia.com /us/3/386/case.html   (5375 words)

  
 Ex post facto
Legislation is called ex post facto if the law attempts to extend backwards in time and punish acts committed before the date of the law's approval; acts that were otherwise not prohibited at the time committed.
For one, the ex post facto law prohibition does not appear to apply to statutes within the civil law realm; only as regards criminal or penal legislation.
Secondly, the ex post facto principle has been extended not only to prevent the state from punishing an act that was innocent at the time it was committed, but also from increasing retroactively the penalty for a prohibited act.
www.duhaime.org /LegalDictionary/E/Expostfacto.aspx   (417 words)

  
 Main and Central: The Ex Post Facto Constitution
Posted by: Len Cleavelin at January 17, 2006 09:14 AM So how Alberto Gonzales will argue that a retroactive habeas bill would not be an ex post facto law is something of a mystery.
Laws imposing criminal penalties can't be invoked to criminalize behavior which took place before the effective date of the laws in question.
Posted by: Nina at January 17, 2006 03:43 PM Yes, the 1600 Crew would like us to think that the ex post facto constitution is better than the one we swore an oath to defend, but here is the Constitution of the United States of America.
www.mainandcentral.org /archives/2006/01/the_ex_post_fac.html   (1037 words)

  
 [No title]
The State contends that because the retroactive application of Acts 536 and 558 does neither, the ex post facto clauses are not violated.
Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action.
Every law that alters the legal rules of evidence, and receives less, or different testimony, than the law required at the time of the commission of the offense, in order to convict the offender.
courts.state.ar.us /opinions/1998a/980507/97-104.txt   (1438 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 47 of 58
1725 Every law, which makes criminal an act that was innocent when done, or which inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law within the prohibition of the Constitution.
1730 A deportation law authorizing the Secretary of Labor to expel aliens for criminal acts committed before its passage is not ex post facto since deportation is not a punishment.
Carson, 353 U.S. -691 (1957), their dissent from the premise that the ex post facto clause is directed solely to penal legislation, disapproved a holding that an immigration law, enacted in 1952, 8 U.S.C. Sec.
caselaw.lp.findlaw.com /data/constitution/article01/47.html   (1751 words)

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