Legal Question in Constitutional Law in California
Rehabilitation & Statute Of Limitations
How far back can a law be applied retroactive before it becomes ex post facto,and what is the finding and ruling on statute of limitation?
Asked on 6/13/07, 8:36 pm
1 Answer from Attorneys
Edward Hoffman
Law Offices of Edward A. Hoffman
Re: Rehabilitation & Statute Of Limitations
Technically it is only criminal laws that cannot be applied ex post facto, though enforcing other types of laws ex post facto would probably result in due process violations most of the time.
Your question seems to presume that criminal laws can be made retroactive for at least a brief period without violating the ex post facto ban, but that is incorrect. No criminal law may be applied retroactively at all. They may only be applied prospectively from their effective dates.
Answered on 6/13/07, 9:10 pm
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