Illustrate the nature of an ex post facto law and explain why the creation of ex post facto criminal laws is impermissible under our legal system.
SUBMISSION OF ASSIGNMENTSAll major assignments for this course will be submitted electronically using Canvas. Please use a standard 12-point font such as Times New Roman, Palatino, or Garamond. Use one inch margins and standard MLA or APA headers, (citation style according to the discipline), and double-space all documents.
Ex post facto laws are a type of law that retroactively changes existing laws, which is illegal under our constitution and basic principles of justice. In this article we’ll explore the nature of ex post facto laws, what makes them illegitimate, and how they can be used to challenge unjust criminal convictions.
An ex post facto law is a law that changes the legal status of a person or thing after the fact. Ex post facto laws are not allowed in our legal system, as they violate our basic principles of justice:
The creation of ex post facto criminal laws.
The Bill of Rights does not recognize ex post facto laws. Under the Constitution and Bill of Rights, a law that changes the legal consequences of certain events after they have occurred is considered invalid. This means that any law that retroactively changes the definition or status of criminal acts has been declared unconstitutional by our Supreme Court. Ex post facto laws violate both due process rights guaranteed by the Fifth Amendment (which protects against double jeopardy) as well as equal protection guarantees under section 1(a) through section 4(1), which prohibits discrimination based on race or nationality among other factors.
Ex post facto laws are illegitimate because they retroactively change laws that were enacted before the enactment of the new law, which violates the constitution and basic principles of justice. In other words, ex post facto laws are unconstitutional because they violate our constitutional rights.
The creation of ex post facto criminal laws has been prohibited by statute in many states since 1809 (when Massachusetts became the first state legislature to outlaw them). The United States Supreme Court has also consistently ruled against such legislation since it was established as a legal doctrine under English common law in 1688.
Ex post facto laws are illegitimate because they retroactively change laws that were enacted before the enactment of the new law, which violates the constitution and basic principles of justice.
In order to understand why ex post facto laws are illegitimate, you must first understand what an ex post facto law is. An ex post facto law is one that applies to actions that occurred before its enactment but after its passage (or shortly thereafter). Examples include criminal statutes and civil contracts. For example, suppose a man commits a crime against another person by beating him with a baseball bat while he was walking home from work on his lunch break in May 2017. This act would not qualify as an ex post facto violation because it occurred prior to May 2018—when Congress passed legislation making such acts punishable by life imprisonment instead.*
I think it’s fair to say that ex post facto laws are not a good idea. They allow people to go around the law and change their behavior without having any repercussions from doing so. This is why I believe they should be abolished or at the very least strongly discouraged in our society.
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