Ex Post Facto Laws Essay

Ex billet facto laws refer to laws that apply to acts connected forwards the enactment of such laws and ar, therefore, disadvantageous to the affected persons. The United States institution in article I, section 10 prohibits the state from enacting such retro laws. This bar protects individuals from unjust legislative acts. However, the ban on ex locating facto laws applies only with regard to poisonous and not civil laws (Zollar, 2002). I guess that the US constitution is reasonable and consistent by containing provisions that ensnare the enactment of ex beam facto laws since this help in safeguarding the rights of individuals under vivacious laws. If the constitution did not contain the ex post facto clause, individuals would be below the belt subjected to laws that act retrogressively and deny them justice. For instance, an adult should not be prosecuted for crimes he pull when he was a minor if such crimes could not be instituted against him at that time due to lim itation on juvenile court jurisdiction. I concur with the authors of the ex post facto clause that laws should not be utilize retroactively.However, where the get cannot be reasonably applied, various exceptions should be incorporated to accomplish the recipe workable. Like every other rule, I believe that it is central for the ex post facto clause to have various exceptions that would ensure its enforceability. age I agree that laws should not be enacted retrogressively, I receive that the biggest contest facing the ex post facto clause is the obscure differentiation of whitlow laws from civil laws. The clause that prohibits ex post facto laws bans several acts. First, it prohibits the creation of criminal laws and making them retroactive. Such retroactive laws have the effect of criminalizing acts committed before their enactments. The clause in any case prohibits laws that are made in order to retroactively aggravate a crime, for instance, by retroactively changing a ir reverence to a felony.Retroactively increasing the punishment for a crime is to a fault prohibited under US laws. Furthermore, the Ex post facto clause also bans the creation of laws that alter the rules of evidence and instead allow conviction base on different or lesser evidence than what the law require at the time of the crimes commission (Gardner & Anderson, 2011). There are several exceptions to the limitation of retroactive laws in the ex post facto clause. The rule is exceptional to penal law and is not applicable to cases where the new laws choose the accused.Moreover, the rule is not applicable to customary laws and precedent laws that are retrospective with regard to previous cases. Another exception to the ex post facto rule is a retroactive law that provides for retri scarceion for certain acts that were illegal but not criminal when they were committed. An example of such a law is the capital of the United Kingdom Agreement, which is retroactive to the extent of ac ts that constituted violations of international laws when they were committed (Bassiouni, 2011) One of the more or less important current aspects of ex post facto laws is tax incomeation.Prohibition of retroactive laws is limited to criminal acts. Therefore, there is no ex post facto law prohibition in taxation since it is a civil act. In the case of Fernandez vs. Fernandez, it was govern that prohibition on ex post facto laws was limited to criminal laws and that tax laws were civic. In September 2012, the U.S Commerce Department imposed an ex post facto tax of $ 100 million as an anti-dumping measure (Foldvary, 2012). I feel that there is need to address the lack of prohibition of ex post facto laws in taxation. It would be unjust if entrepreneurs would lose property through arrogation by the government in an effort to recover retroactive taxes.ReferencesBassiouni, M. C. (2011). Crimes against benignity Historical and contemporary application. Cambridge Cambridge University Pre ss. Foldvary, F. E. (2012). The Progress Report Ex post Facto Taxation. Retrieved October 27, 2012 from http//www.progress.org/2012/fold784.htm Gardner, T. J. and Anderson, T. M. (2011). twist Law. Belomont, CA Cengage Learning. Zollar, J. (2002). Prohibition against Ex Post Facto laws. House Research. Retrieved October 7, 2012 from http//www.house.leg.state.mn.us/hrd/pubs/ss/clssexpost.pdf