(21) Constitutional Law: Retroactive Legislation

Question 1

Rule:

Ex Post Facto

Answer 1

Neither Federal nor State governments may criminalize conduct that has already occurred.

Question 2

Statutes will violate Ex Post Facto when…

Answer 2

A statute violates the Ex Post Facto clause if it:
(1) Makes criminal an act that was not a crime when committed;
(2) Prescribes greater punishment for a crime after its commission;
(3) Decreases the amount of evidence required for conviction; or
(4) Extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired.

Question 3

Rule

Bill of Attainder

Answer 3

Neither Federal nor State governments may impose punishment without a trial.

Question 4

How does Bill of Attainder occur?

Answer 4

A legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct.