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The constitutional prohibitions of ex post facto laws are closely related to the prohibitions of bills of attainder—legislative actions that determine guilt or impose criminal punishment on specific persons or groups without a judicial trial. 4 Footnote
Overview of Ex Post Facto Laws. Historical Background on Ex Post Facto Laws. Retroactivity of Ex Post Facto Laws. Ex Post Facto Law Prohibition Limited to Penal Laws. Increasing Punishment and Ex Post Facto Laws. Imposing Criminal Liability and Ex Post Facto Laws. Civil Commitment, Sex Offender Registration, and Ex Post Facto Laws. Procedural ...
Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws).
There are three categories of ex post facto laws: those “which punish [ ] as a crime an act previously committed, which was innocent when done; which make [ ] more burdensome the punishment for a crime, after its commission; or which deprive [ ] one charged with crime of any defense available according to law at the time when the act was committ...
Separate provisions of the Constitution ban enactment of ex post facto laws by the Federal Government and the states, respectively. 1 Footnote U.S. Const. art. I, § 9, cl. 3; art. I, § 1 0, cl. 1. While there are two Ex Post Facto Clauses, only one of the two can apply to any given piece of legislation.
A key consideration in ex post facto cases is whether the specific individuals challenging the law had notice of all the legal consequences of their actions at the time they committed their offenses.
In a legal context, ex post facto is most typically used to refer to a criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the United States Constitution prohibit ex post facto laws: Article 1, § 9
