ex post facto


Article I, Sections 9 and 10 of the Constitution prohibit the passage of ex post facto laws. Ex post facto laws retroactively criminalize conduct that was legal at the time it was committed; ex post facto laws would...

(Wex page)

Latin for "from a thing done afterward."


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...

(LIIBULLETIN preview (pre-2014))
[Questions Presented] [Issue] [Facts] [Discussion] [Analysis] Issue

Does using Sentencing Guidelines promulgated after the time of a convicted defendant’s crime in sentencing that defendant violate the Constitution’s ban on retroactive laws?