EX POST FACTO LAWS Art. III, Sec.

22 of the Constitution Prohibition against Ex Post facto Laws - the equivalent of the impairment clause in criminal matters Kinds 1) One which makes an action done before the passing of the law, and which was innocent when done, criminal, and punishes such action. 2) One which aggravates the crime or makes it greater than when it was committed. 3) One which changes the punishment and inflicts a greater punishment than that which the law annexed to the crime when it was committed. 4) One which alters the legal rules of evidence and receives less testimony than the law required at the time of the commission of the offense in order to convict the accused. 5) One which assumes to regulate civil rights and remedies only BUT, in effect, imposes a penalty or deprivation of a right, which, when done, was lawful. 6) One which deprives a person accused of a crime of some lawful protection to which he has become entitled such as the protection of a former conviction or acquittal, or a proclamation of amnesty. Characteristics [CPR] [C] must refer to criminal matters [P] prejudicial to the accused [R] retroactive in application BILL OF ATTAINDER A legislative act that inflicts punishment without trial. Essence is the substitution of legislative fiat for a judicial determination of guilt

BA EPF BA= Bill of Attainder; EPF = Ex Post Facto Law (All Bills of Attainder are Ex Post Facto Laws) Elements of Bill of Attainder 1. There must be a law. 2. The law imposes a penal burden on a named individual or easily ascertainable members of a group. 3. There is a direct imposition of penal burden without judicial trial.