Ex Post Facto Clause

E285910

The Ex Post Facto Clause is a constitutional prohibition that prevents governments from retroactively criminalizing conduct or increasing punishments after the fact.

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Label Occurrences
Ex Post Facto Clause canonical 1

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Statements (49)

Predicate Object
instanceOf constitutional provision
legal doctrine
aimsTo ensure fair notice of criminal liability
prevent arbitrary and vindictive legislation
appliesTo United States government
surface form: federal government of the United States

state governments of the United States
appliesWhen a law is passed after the commission of the offense
bindingOn United States Congress
surface form: Congress of the United States

state legislatures
category non-retroactivity principle
definedBy Calder v. Bull categories of ex post facto laws
doesNotApplyTo judicial decisions changing interpretation of criminal law
procedural changes that do not increase punishment
purely civil legislation in most cases
enshrinedIn Article I of the United States Constitution
foundIn Article I, Section 10 of the United States Constitution
surface form: Article I, Section 10, Clause 1 of the United States Constitution

Article I, Section 9 of the United States Constitution
surface form: Article I, Section 9, Clause 3 of the United States Constitution
historicalOrigin concerns about abuses by English Parliament
influenced state constitutional provisions on ex post facto laws
inspiredBy Enlightenment ideas about legality
interpretedBy Supreme Court of the United States
interpretedIn Calder v. Bull
Carmell v. Texas
Collins v. Youngblood
Dobbert v. Florida
Lynce v. Mathis
Weaver v. Graham
language "No ex post facto Law shall be passed"
legalEffect invalidates ex post facto criminal laws
partOf United States Constitution
prohibits laws that change rules of evidence to make conviction easier after the fact
laws that criminalize conduct that was innocent when done
laws that increase punishment for a crime after it was committed
retroactive criminal legislation
retroactive enhancement of criminal penalties
retroactive redefinition of crimes
retroactive removal of defenses to criminal liability
protects criminal defendants
reliance interests in existing criminal law
purpose to preserve separation of powers between legislature and judiciary
to prevent retroactive criminalization
to prevent retroactive increases in punishment
relatedTo Bill of Attainder Clause
Due Process Clause
nullum crimen sine lege
principle of legality
requires that criminal laws operate prospectively
scope criminal law
punishment

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Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Contract Clause relatedTo Ex Post Facto Clause