...Ex Post Facto and Bill of Attainder Provisions California Coast University BCJ360-SG Criminal Law 2. What is the historical basis of the ex post facto and bill of attainder provisions, and why would they have application in today’s legal system? Ex Post Facto means “After the Fact” is law that is made retroactive to punish an act that wasn't illegal at the time it was committed. The reason the Constitution prevents Congress and the states from writing ex post facto laws is to protect the population and other entities from government abuse or prosecuted for an act that was not a crime at the time it was committed. This could also cause for increased severity of punishment or by adding new penalties or extending terms of the original punishment. A bill of attainder is any act of a legislative body declaring a person or group of persons guilty of a crime and assessing a punishment without the benefit of trial. Bills of attainder were commonly used in England during the 18th century and were applied to the British colonies. Anger over the application of bills attainder in the colonies was one of the motivations for the American Revolution. Ex Post Facto and Bill of Attainder would have application in today’s legal system in a negative way. Anytime a person is not afforded their due process and their individual rights it is a gross miscarriage of justice. The innovation and problem with illegal and illicit drugs could be a way that Ex Post...
Words: 376 - Pages: 2