Ex Post Facto Laws: (See Raines)
Is a law that applies retrospectively with a negative effect upon a person’s rigths by criminalizing a previous action or behavior.
- Statute/law Must be retrospective,
- It must disadvantage the party.
Ex. It turns prior innocent behavior into a crime, makes a crime greater than what it originally was, affects the laws of evidence
- Was the legislative intent punitive? If yes, inquiry ends = Impermissible Ex Post Facto law.
- If no, and th elaw was regulatory, civil, and nonpunitative = OK, not Ex Post Facto law
U.S. Sup CT. (Mendoza).
Mendoza Factors to consider:
- Can the new law be considered historical punishment?
- Does the law impose affirmative disability or restraint?
- Does the law promote traditional aims of punishment, retribution & deterrence?
- Whether an alternative purpose to which the law may rationally be connected is assignable for it,and
- Whether it appears excessive in relation to the alternative purpose assigned