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AllBar 2024CRIMINAL LAWI. FUNDAMENTAL PRINCIPLES OF CRIMINAL LAWE. Constitutional Limitations on the Power of Congress to Enact Penal Laws4. Ex post facto Law

Question

Constitutional Limitations on the Power of Congress: Ex Post Facto Laws

Discuss the constitutional limitations on the power of Congress to enact ex post facto laws. In each of the following scenarios, determine whether the law falls within the permissible scope of legislative power or if it violates the constitutional prohibition against ex post facto laws.

  1. Scenario 1:
  2. A new law is passed that retroactively criminalizes an act that was previously legal. The law imposes severe penalties, including imprisonment, for individuals who have already committed the act before the law was enacted. Does this law violate the constitutional prohibition against ex post facto laws?

  3. Scenario 2:
  4. Congress passes a law that retroactively increases the punishment for a certain offense. The law applies to individuals who have already been convicted of the offense before the law was enacted. Does this law violate the constitutional prohibition against ex post facto laws?

  5. Scenario 3:
  6. A new law is enacted that retroactively changes the definition of a crime, expanding its scope and including conduct that was previously not considered criminal. The law applies to individuals who have engaged in the conduct before the law was enacted. Does this law violate the constitutional prohibition against ex post facto laws?

  7. Scenario 4:
  8. Congress passes a law that retroactively shortens the statute of limitations for a particular crime. The law applies to cases that are still pending and have not reached the expiration of the previous statute of limitations. Does this law violate the constitutional prohibition against ex post facto laws?




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Bar Review Question: Constitutional Limitations on the Power of Congress: Ex Post Facto Laws