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• Monday, June 9, 2008 04:04 PM

  Ex Post Facto Laws

  Definition .--At the time the Constitution was adopted, many persons understood the term ex post facto laws to "embrace all retrospective laws, or laws governing or controlling past transactions, whether ... of a civil or a criminal nature."[1722] But in the early case of Calder v. Bull,[1723] the Supreme Court decided that the phrase, as used in the Constitution, applied only to penal and criminal statutes. But although it is inapplicable to retroactive legislation of any other kind,[1724] the constitutional prohibition may not be evaded by giving a civil form to a measure that is essentially criminal.[1725] Every law, which makes criminal an act that was innocent when done, or which inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law within the prohibition of the Constitution.[1726] A prosecution under a temporary statute, which was extended before the date originally set for its expiration, does not offend this provision even though it is instituted subsequent to the extension of the statute's duration for a violation committed prior thereto.[1727] Since this provision has no application to crimes committed outside the jurisdiction of the United States against the laws of a foreign country, it is immaterial in extradition proceedings whether the foreign law is ex post facto or not.[1728]
  

  http://caselaw.lp.findlaw.com/data/constitution/article01/47.html

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