Legal Question in Constitutional Law in Ohio

Ex post facto laws

Since the constitution forbids ex post facto laws can the congress legally pass an amnesty law

Asked on 5/09/08, 7:47 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Ex post facto laws

Amnesty laws are not ex post facto. They don't retroactively make criminal acts non-criminal. Instead, they prospectively bar prosecutions for certain types of prior crimes under certain conditions. The prior acts would still be crimes; they just would never be prosecuted.

A law that creates criminal liability for past acts would be unconstitutional, but one that removes such liability would not.

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Answered on 5/09/08, 7:54 pm

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