Free Essay

The Ex Post Facto Law

In: Other Topics

Submitted By therese099
Words 323
Pages 2
An ex post facto law is a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law. In criminal law, it may criminalize actions that were legal when committed; it may aggravate a crime by bringing it into a more severe category than it was in when it was committed; it may change the punishment prescribed for a crime, as by adding new penalties or extending sentences; or it may alter the rules of evidence in order to make conviction for a crime likelier than it would have been when the deed was committed. Conversely, a form of ex post facto law commonly called an amnesty law may decriminalize certain acts or alleviate possible punishments (for example by replacing the death sentence with lifelong imprisonment) retroactively. Such laws are also known by the Latin term in mitius.
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 For example, when a law repeals a previous law, the repealed legislation is no longer applicable to situations to which it previously was, even if such situations arose before the law was repealed. The principle of prohibiting the continued application of such laws is called Nullum crimen, nulla poena sine praevia lege poenali, especially in European Continental systems.
Some common-law jurisdictions do not permit retroactive criminal legislation, though new precedent generally applies to events that occurred before the judicial decision. Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3. In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes. In a nation with an entrenched bill of rights or a written constitution, ex post facto legislation may be prohibited.…...

Similar Documents

Premium Essay

Employability of Ex-Prisoners

...A STUDY ON THE EMPLOYABILITY AND ATTITUDE OF EMPLOYERS, TOWARDS EMPLOYING EX-PRISONERS AND EX-OFFENDERS AS PERCEIVED BY HUMAN RESOURCE MANAGERS IN ORTIGAS PASIG CITY Prepared By: Ms. Marilyn Dimaculangan CHAPTER I THE PROBLEM AND ITS BACKGROUND INTRODUCTION It is well known that employment is an important need of most individuals; it provides income, social connection, and feelings of societal contribution and self worth. What may be less well known are the barriers to employment faced by those with criminal record, the challenges faced by employers in hiring ex-offenders and what can be done to facilitate employment opportunities as record numbers of people transition from incarceration to the community. A great number of employers are reluctant to hire individuals with a criminal past citing lack of skills and work history, untrustworthiness, and fear of liability for negligent hiring, among other things. Employers use of criminal history background checks over the past decades and they are less willing to hire ex-offenders that any other advantaged group. Their willingness to hire ex-prisoners varies according to the industry and position, the type and severity of offense committed by applicant and work experience since release. Employers are not always consistent in what they say versus what they do when it comes to hiring former offenders and prisoners Jail is a synonym for prison, especially when the facility is of a similar size as a prison. As with......

Words: 10043 - Pages: 41

Premium Essay

De Facto Nationaliization of Slavery

...The de facto nationalization of slavery was created with three developments in government, the Compromise of 1850, which enacted the Fugitive Slave Law; the Kansas-Nebraska Act, which opened Northern territory to settlement by slaveholders; and the Dred Scott decision of 1857, which declared that no Black person could be a citizen of the U.S. Following these developments, there was an offensive move among the powerful slaveholders pushing permanent enslavement of all Black people. The argument was that slavery was the God-ordained state for Black people. Along with the movement was an economic offensive making it more difficult for Black people to earn a living outside the system of slavery. It was at this time that a famine in Ireland and politics throughout Europe sent millions of White immigrants to the shores of the U.S. Between 1830 and 1860 more than five million such immigrants settled in American cities. The effect was devastating to the Black workforce, but played well into the hands of slaveholders. The new wave of immigrants, although detested by much of the existing White population, had one advantage over free Blacks - they weren’t Black. The fight over the worst “free” jobs became an all-out war in several cities. The worst tensions seemed to be between Irish immigrants and free Blacks. The ironic part of this war was that both sides were viewed by the White owning class as bottom of the bucket. Irish immigrants were referred to as “white niggers” and to be......

Words: 345 - Pages: 2

Premium Essay

Post It

...Competitor Analysis 3. Consumer Analysis 3.1 Consumer Trend 3.2 Consumer Needs And Wants 3.3 Consumer Behaviour 4. Post-it Analysis 4.1 Target Segment 4.2 Distribution Characteristics 4.3 Business Performance 4.4 Business Strategy – 5Ps 4.5 SWOT Analysis 5. Proposed Marketing Plan 5.1 Target Segment 5.2 Positioning 5.3 Strategy 5.4 Conclusion 1. Market Analysis The repositionable notes market is made up of paper or tabs with adhesive, which allows the product to be stuck on surfaces and moved, without leaving residue. They are also known as ‘sticky notes’ and the idea was first conceived by 3M innovators. Post-it, the original inventor of ‘sticky notes’ have seen other competitors entering the market, yet having little success in toppling Post-it as the market leader. This is especially so in Singapore, where most of the brands shy away from competing head-on with Post-it, by differentiating their products. 1.1 Market Environment 1.1.1 Technology The ease of accessing wireless networks via Wireless@SG, since its introduction in 2006, has led to a surge in consumers switching to 3G phones. The implications of this on the repositionable notes market is that gadgets like phones are increasingly being used as a substitute in place of sticky notes, in reminding people of certain events or things. Instead of physically placing a post-it on the desk, people choose to set reminders on their phones, with alarms. People also choose to send short......

Words: 4117 - Pages: 17

Free Essay

The Ex

...The Ex-Husband Who Never Left Stacy Morrison ITT Technical Institute Michael Walker Summary This article I was reading is a pretty interesting topic about an ex-husband that didn’t want to be married anymore to his wife but still wanted to hang around ding married things. The author by the name of Stacy Morrison “The Ex-Husband Who Never Left” is about a loving and caring wife that just couldn’t let go of her husband but, she also had a boyfriend at the same time. This story is sad in a way, but it has a happy twist at the end. One of the main reason people should not try to hold on to a person that no longer wants to be a part of your life in posted in this paper, plus having the respect for the other person is a must have in a relationship these days. Letting go of a person that you have shared a substantial amount of years with is easier said than done. Also if you’re the kind of person that fights for their relationship no matter what, then the end result would be priceless, having two of the men you shared part of yourself with become friends end the end “ Why Can’t We All Just Get Alone” spoken by Rodney King. Project Description The two stage common emitter amplifier circuit commonly is called voltage divider biasing. This type of biasing arrangement uses ten resistors including one swamping resistor as a potential divider network and is commonly used in the design of a bipolar transistor amplifier circuits. This method of biasing the transistors......

Words: 1229 - Pages: 5

Premium Essay

Law Opinion

...Law Opinion Paper Cynthia Willison CJA224 November 8, 2010 Carl Schiff Law Opinion Paper “Lincoln once said that three things only make up a nation: its land, its people, and its laws,” (Gordon, 1991, p. 1), only after this statement it was then realized there were not many laws to speak of. As the nation started to develop and declared independence from the common law of medieval England, common law was enacted and then adapted to America’s needs. The public officials, legislators, enact the laws of bodies of rules then the law is enforced by the executive branch, which the law enforcement was required to respect and obey. To make sure the proposed laws are legitimate the judicial branch acts as mediator to evaluate the principles in the United States Constitution and other important American legal documents without prior court decree. This is why the framers of the Constitution decided to for the American government to have a system of checks and balances because no one branch can act alone, so all three branches collaborate; therefore the power of each branch is balanced (Meyer & Grant, 2003). The separation of powers was formulated by the framers of the Constitution to share the same power as checks and balances. Each state law-making system is developed with a similar structure of the government; however with dissimilar law-making traditions. Although some states the state legislature congregates per annum discussing law-making whereas state legislatures...

Words: 1063 - Pages: 5

Free Essay

Employability of Ex-Convicts

...been already convicted of a crime. The employment situations of ex-convicts are a different story because the certificate secured from the said law enforcement agency reveals that the applicant has a bad record on file. Employers tend to reject people with a criminal record for the following reasons: people with a criminal record are seen, generally, as undesirable, to show moral disapproval; concern that employers would be held responsible for recruiting a person with a criminal record. As of now, there is no known employment statistics concerning ex-convicts and even if there is, it has not been used to help ex-convicts in gaining employment. In Lipa City. Almost 66 per cent of ex-convicts suffer financial difficulty and unemployment after having been released from prison. Despite the fact that the rest gained employment, not even half of it can be considered as decent source of living. Most ex-convicts become stagnant for a long period of time after coming out of prison but are able to find job eventually if they search long enough. Primarily because of lack of education, ex-convicts end up in jobs which tend to pay minimum wage, have few benefits if there are any, and little opportunity for advancement. Some of the jobs which are commonly the fall back for male ex-convicts are those jobs which do not need high qualifications and end up in a short period of time making them unemployed again eventually. Few ex-convicts were able to make it in the labor market. There......

Words: 9579 - Pages: 39

Free Essay

Being a Ex-Felon in America

...Being an Ex-felon in America Jay Wainwright Axia College of University of Phoenix Being an Ex-felon in America There are many people in society who are still being treated unfairly. There is still a major disconnect from mainstream society and ex-felons. There are many people with opinions on how to help the ex-convict to become a productive member of society, except for the voice or better said by the rhetoric of the ex-felon, the one who has paid his or, her debt to society by doing harsh and terrible prison time. Yes, ex means nothing when it comes to a person from a criminal past. Everyone has already heard the rhetoric about “everyone is created equal” but, this rhetoric has been tested before and still being tested today. This is just some of the topics that will be presented in this paper. Ex-felons are underprivileged and treated unfairly because people of society are unforgiving and ex-cons are barely given any opportunities to change. Some ex-felons are underprivileged in many aspects of society due to one’s criminal past or better said mistakes. Ex-felons are not permitted to obtain a firearms license after one is convicted of a felony. One cannot conceal a firearm to protect one’s place of residence and most places ex-felons live, a firearm is needed. There are burglars everywhere but majority of them live in the same places as an ex-felon. How are ex-felons supposed to protect his or, her......

Words: 2129 - Pages: 9

Premium Essay

Leg 100 Business Law I Quiz 1

...Course Business Law I Quiz 1 LEG100 This quiz consist of 20 multiple choice questions and covers the material in chapters 1 through 4. There are five questions from each chapter. Be sure you are in the correct Chapter when you take the quiz. • Question 1 4 out of 4 points The ______ approach recognizes that “business decisions consist of continuous, interrelated economic and moral components.” Answer Selected Answer: Systems Correct Answer: Systems • Question 2 4 out of 4 points The ______ approach to business and society introduced in the text is a descriptive framework that integrates legal and societal considerations with mainstream theories of competitive advantage and social responsibility. Answer Selected Answer: Systems Correct Answer: Systems • Question 3 4 out of 4 points Which of the following is a type of relationship building lobbying prevalent in China? Answer Selected Answer: Guanxi Correct Answer: Guanxi • Question 4 4 out of 4 points Which of the following is an advocacy group that has lobbied against marketing to children? Answer Selected Answer: The Center for Science in the Public Interest Correct Answer: The Center for Science in the Public Interest • Question 5 4 out of 4 points Which of the following is not a component of legal astuteness as referenced in the text? Answer Selected Answer: A......

Words: 910 - Pages: 4

Premium Essay

Law Opinion Paper

...democratic government which is governed by laws that are introduced by public officials. The United States has a legal system that has three branches to have a division between federal and state law. The three branches of government are legislative, executive, and judiciary which all play a role in the legal system and the creation of laws. The branches of government were put into place to create a system of checks and balances. The branches work together because no single branch of government can act freely based on its own will. The laws and practices of the United States were created based on the foundations of English common law. Also there are many factors that lawmakers must consider and acknowledge before writing laws to be reviewed and executed. The legislative branch was established by Article I of the constitution and consists of the House of Representatives and the Senate. The constitution gives this branch the authority to pass legislation and send it to the President to be signed, the bill must pass in the Senate and the House with majority vote. Although, the President can veto the bill it can be overridden by passing the bill again through the House and the Senate with at least a two thirds majority vote in favor. The executive branch includes the President of the United States who acts as the head of state and the commander-in-chief of the armed forces. The executive branch is the branch of government that governs the law enforcement agencies. The......

Words: 808 - Pages: 4

Premium Essay

Law and Opinion Paper

...States is governed by laws enacted by public officials. The legislative, executive, and judicial branches of government work together as a system of checks and balances. A single branch of government is not free to act on its own accord; oversight from the other two branches is required. The legislative branch, at both state and federal levels is responsible for enacting laws. The executive branch controls law enforcement agency practices. Upon enactment, the executive branch is responsible for enforcing laws. The judicial branch acts as a median between the legislative and executive branches. This branch is responsible for applying and determining the validity of laws in comparison to the principles established in the United States Constitution. Usally provide for the formation of legislative bodies empowered to perform criminal and other laws. U.S. constitution creates congress and gives it lawmaking power. The bill of rights of the U.S. constitution as well as similar amendments to states constitution, also describe procedural laws that dictate hoe substantive laws are to be administered. Constitutions are important to the substantive criminal law they set limits on what can be defined as a crime. The common law heritage of the American legal system is rooted in medieval English legal practices. Judges decided both civil and criminal cases individually, and according to their interpretations of existing customs. Because of this, historical common laws may be referred to......

Words: 958 - Pages: 4

Premium Essay

Law Course

...- II Constitutional Law - I Paper - III Research Methodology Semester II Paper - I Legal Theory - II Paper - II Constitutional Law - II Paper - III Law and Social Change ~YllabUS for tbe LL.M. Programme Note: The topic title of the syllabus is merely indicative. In order to keep up with the recent developments in law and the development of various concepts and ideologies, the subject faculty will supply detailed syllabus during the course of the scheme. The subject faculty will also supply the seminar topics for each student for each semester separately. The student should ensure that they are allotted the seminar topics in each of the subjects at the beginning of the semester itself. LEGAL THEORY I 1. Nature of jurisprudence 2. Meaning of Law 3. Natural Law theories 4. Classical Positivism 5. Pure Theory of Law 6. Analytical School of Law 7. Sociological School of Law 8. American Realism 9. Scandinavian Realism 10. Historical and Anthropological Jurisprudence 11. Marxist Theories of Law and State 12. Feminist Jurisprudence 13. Postmodernist Jurisprudence 12 SUGGESTED READINGS 1. Lloyd's introduction to jurisprudence 2. Jurisprudence by Dias 3. Jurisprudence by Mahajan 4. Jurisprudence by Bodenheimer 5. Jurisprudence by Wayne Morrison 6. Concept of Law H.L.A. Hart 7. Social Dimension of law by Julius Stone 8. Law in the Changing Society by Friedman 9. Law in the making by C.IZ. Allen 10. 1300ks on Constitutional Law in India and......

Words: 1218 - Pages: 5

Premium Essay

Negotiable Law LAW 504 PANCITO, Hazeleen Rose B. 3:30-5:30 PM Title I. - Negotiable Instruments in General Article I. - Form and Interpretation. SEC. 1. An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer. 2. Must contain an unconditional promise or order to pay a sum certain in money. 3.Must be payable on demand or at a fixed or determinable future time. 4. Must be payable to the order or to bearer; and, 5. Where the instrument is addressed to a drawee,he must be named or otherwise indicated therein with reasonable certainty. Writing And Signature Writing and signature of maker or drawer are essentialto negotiability. Our natural conception of a negotiable instrument is that of a written paper. "Writing" includes print.12 The substance of the impression may be ink or lead.13 The former is of course preferable from the standpoint of sound and safe business practice. Signature. An instrument to be negotiable must be signed. "No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name." Example 8. Anotesigned "Western Novelty Co., Unincorporated" binds all who go under that trade name, assuming that the note is given under the authority of those sought to be held. Printed or lithographed signature is a......

Words: 2010 - Pages: 9

Premium Essay

Ex Sum

...May 26, 2012 Trenz Pruca Title Company Name 4321 First Streetdd Anytown, State ZIP Dear Trenz, Lorem ipsum dolor sit amet, consectetur adipiscing elit, set eiusmod tempor incidunt et labore et dolore magna aliquam. Ut enim ad minim veniam, quis nostrud exerc. Irure dolor in reprehend incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse molestaie cillum. Tia non ob ea soluad incom dereud facilis est er expedit distinct. Nam liber te conscient to factor tum poen legum odioque civiuda et tam. Neque pecun modut est neque nonor et imper ned libidig met, consectetur adipiscing elit, sed ut labore et dolore magna aliquam is nostrud exercitation ullam mmodo consequet. Duis aute in voluptate velit esse cillum dolore eu fugiat nulla pariatur. At vver eos et accusam dignissum qui blandit est praesent. Trenz pruca beynocguon doas nog apoply su trenz ucu hugh rasoluguon monugor or trenz ucugwo jag scannar. Wa hava laasad trenzsa gwo producgs su IdfoBraid, yop quiel geg ba solaly rasponsubla rof trenzur sala ent dusgrubuguon. Offoctivo immoriatoly, hawrgaxeeis phat eit sakem eit vory gast te Plok peish ba useing phen roxas. Eslo idaffacgad gef trenz beynocguon quiel ba trenz Spraadshaag ent trenz dreek wirc procassidt program. Cak pwico vux bolug incluros all uf cak sirucor hawrgasi itoms alung gith cakiw nog......

Words: 323 - Pages: 2

Premium Essay

Fed Ex

...Fed EX is the world largest parcel distributor. The company was formed within the United States in the year of 1971. Fed Ex provides companies and consumers throughout the world with a comprehensive variety of transportation services. Fed EX has accomplished a substantial status amongst the world committed companies with 275,000 staff and contractors. The organization motivates the company employees and contractors by having a positive attitude and to focus on safety, which is the utmost ethical and practice measures and required within their communities and consumers. The managers execute the four functions of management to accomplish the administrative objective to keep the company running smoothly ("About FedEx", 2010). Globalization is a process of communicating and uniting among people, governments, and corporations of a diverse nation. This process is established by global trade and investment which is assisted by international technology. FedEx impact on the four functions of globalizations of management is the importance of the environment on ethnicity, economic development, prosperity, political structure, and human well nature involvement around the world (Harris Hartman, 2000). The internal aspect is creating a major impression on the function and operation in management. With increase production of globalization has made the effects more difficult, in commanding additional analysis of universal markets. As well as the process of function of......

Words: 486 - Pages: 2

Premium Essay

Criminal Law

...Ex Post Facto and Bill of Attainder Provisions California Coast University BCJ360-SG Criminal Law 2. What is the historical basis of the ex post facto and bill of attainder provisions, and why would they have application in today’s legal system? Ex Post Facto means “After the Fact” is law that is made retroactive to punish an act that wasn't illegal at the time it was committed. The reason the Constitution prevents Congress and the states from writing ex post facto laws is to protect the population and other entities from government abuse or prosecuted for an act that was not a crime at the time it was committed. This could also cause for increased severity of punishment or by adding new penalties or extending terms of the original punishment. A bill of attainder is any act of a legislative body declaring a person or group of persons guilty of a crime and assessing a punishment without the benefit of trial. Bills of attainder were commonly used in England during the 18th century and were applied to the British colonies. Anger over the application of bills attainder in the colonies was one of the motivations for the American Revolution. Ex Post Facto and Bill of Attainder would have application in today’s legal system in a negative way. Anytime a person is not afforded their due process and their individual rights it is a gross miscarriage of justice. The innovation and problem with illegal and illicit drugs could be a way that Ex Post...

Words: 376 - Pages: 2