Saturday, January 16, 2010

What Happens in court cases where crimes are committed when laws were not passed yet?

like if hypothetically:


a law is passed that outlaws grooming dogs, so the local retired dog groomer gets taken to court for dog grooming, would/could he be convicted?





is there some law that prevents this, if so, what is it?


Could you give me some exsamples where this was an issue?





kinda a confusing question, But Thank You!





Your answers are much appreciated!What Happens in court cases where crimes are committed when laws were not passed yet?
Hi,


If there isn't an existing law, it would be hard to bring to court. And if it doesn't get to court, a conviction cannot be made. Usually laws are not retroactive. Best Wishes!What Happens in court cases where crimes are committed when laws were not passed yet?
It is unconsitutional to enforce ex post facto laws.
I think what you're talking about is a grandfather clause.





http://en.wikipedia.org/wiki/Grandfather鈥?/a>





That has a link with a definition and several examples.
These are what the constituition refers to as ';ex post facto,'; or ';after the fact'; laws, and they are prohibited. If the dog groomer stops grooming after the law is passed, then there is no risk for anything that happened before.
Not in the United States.


According to Article I of the US Constitution, ';No Bill of Attainder or ex post facto Law shall be passed. ';


';ex post facto'; is Latin for ';after the fact'; or retroactive.





In other words, if a law is passed that outlaws grooming dogs, the local retired dog groomer can NOT get taken to court for dog grooming, unless he's still grooming dogs.





Article One of the United States Constitution is your specific law.
A crime does not exist until the law is passed. You cannot be convicted of a crime committed prior to the date the law went into effect.

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