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Asked in OH May 26, 2022 ,  0 answers Visitors: 14

Ex post facto laws

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

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Anonymous
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Posted on / May 09, 2008 19:54:00

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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