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As a hypothetical situation, say someone commits a crime and is arrested. Then, shortly before their trial, more laws are passed that could effect the punishment for the crime comitted. Would the court system also prosecute for these new laws, or would they not because technically they were not laws when the person broke them?

2007-08-18 15:05:23 · 3 answers · asked by codyz 2 in Politics & Government Law Enforcement & Police

3 answers

The person can only be prosecuted and punished based on the laws that were in effect at the time of the crime.

At least in the US -- some countries don't have prohibitions against "ex post facto" (after the fact) changes to laws.

2007-08-18 15:35:08 · answer #1 · answered by coragryph 7 · 2 1

Punishment is the law at the time of conviction of the crime.
IE innocent until proven guilty.

High $$$$ lawyers are smart enuff and have the resources to grandfather in the crime to a lesser punishment .. if that should happen!

2007-08-18 22:37:58 · answer #2 · answered by Anonymous · 0 0

My understanding is whatever laws were in affect at the time of your arrest are the laws that will be used and enforced on your particular case. Like grandfathering anything in...... That isn't to say there aren't exceptions to every rule, though :)

2007-08-18 22:34:31 · answer #3 · answered by KittyKat 6 · 0 0

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