can you be tried for something that was once illegal but is now legal?
can you be tried for something that was once legal but is now illegal?
can you possibly give a source for your answer to
2007-10-14 05:44:36 · 6 answers · asked by flossie 2 in Politics & Government ➔ Law & Ethics
under European human rights law you may not be tried for something that becomes illegal after the act was committed, but you may be tried for something that was illegal at the time of commission but has ceased to be so
2007-10-14 21:43:25 · answer #1 · answered by vdv_desantnik 6 · 0⤊ 0⤋
The US constitution prohibits 'ex post facto' laws. This means an act that was legal when it happened, can't be made illegal after the fact. Therefore, the answer to your second question is NO.
The first question is a bit trickier. Technically, the person broke the law as it existed and can be tried and convicted. Practically, prosecutors tend not to pursue cases on the basis of laws that have been repealed.
2007-10-14 06:13:49 · answer #2 · answered by STEVEN F 7 · 0⤊ 0⤋
"can you be tried for something that was once legal but is now illegal?"
Nope, that's in the constitution, where we are protected against ex post facto laws.
as for the first question, I'm sure you COULD, if the statute of limitations has not passed, but why would they care when it's legal now?
2007-10-14 05:50:06 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Every piece of legislation passed by the House of Commons will contain a commencement order -- in other words, the effective date of its becoming law. This means that anything which happened before that date is irrelevant for purposes of the statute. http://www.legislation.gov.uk/si/si2004/uksi_20042171_en.pdf
2007-10-14 09:21:01 · answer #4 · answered by Doethineb 7 · 0⤊ 0⤋
If you commit the crime when the offence is illegal then you can be tried regardless of whether the offence is legalised whilst you're being tried.
2007-10-15 08:07:22 · answer #5 · answered by blissman 5 · 0⤊ 0⤋
al depending on whether you ave been triad and convicted...If you are convicted law says you can not be convicted of the same crime twice....
2007-10-14 05:55:03 · answer #6 · answered by GRANDMA 3 · 0⤊ 0⤋