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Ex post facto
Term used to designate action taken to change the effect given to a set of circumstances. This action relates back to a prior time and places this new effect upon the same set of circumstances existing at that time. Ex post facto laws are prohibited by the U.S. Constitution.
Not every change in a convicted person's situation violates the Ex Post Facto Clause. 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. Collins v. Youngblood, 497 U.S. 37, 42-43 (1990). Courts have held that legislation may lawfully impose new requirements on convicted persons if the statute's 'overall design and effect' indicates a 'non-punitive intent.' United States v. Huss, 7 F.3d 1444, 1447 (9th Cir.'93).
By reason of a subsequent act
Latin term meaning "after the fact." Refers especially to a lawthat makes punishable as a crime an act done before the passing of the law andthat was innocent when done. An ex post facto law is also one that makes acrime more serious than when it was committed, inflicts a greater punishment,or alters legal rules of evidence to require less or different testimony toconvict than the law required when the crime was committed. Such laws violateprovisions of the Constitution of the United States, which provide that neitherCongress nor any state shall pass an ex post facto law.
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General Law INDEX:
List of Terms: Terms beginning with "A", Page 1 |
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A: Page 1 of 30.
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