Ex Post Facto Punishment - Revision history

Ibjadmin: /* Rights of the accused */

2010-06-08T20:29:18Z

Rights of the accused

@@ Line 21: / Line 21: @@
 **Parliament shall not pass any law to alter the decision or judgment of any court as between the parties to the decision or judgment.
-'''Table of Contents'''
+----
-===Rights/ Protections from Police===
+See [[Rights of the Accused]]

Ddemetriou at 13:07, 1 June 2010

2010-06-01T13:07:23Z

← Older revision		Revision as of 15:07, 1 June 2010
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	'''Table of Contents'''		'''Table of Contents'''
			===Rights/ Protections from Police===
	== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
	* [[Confessions]]		* [[Confessions]]
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	* [[Search and Seizure]]		* [[Search and Seizure]]

	== Rights during Detention ==		===Rights during Detention===
	* [[Freedom from Punishment]]		* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
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	* Right to medical care		* Right to medical care

	== Rights at Trial ==		===Rights at Trial===
	* [[Double Jeopardy]]		* [[Double Jeopardy]]
	* [[Legality Principle]]		* [[Legality Principle]]
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	* Right to Trial by Jury		* Right to Trial by Jury

	== Sentencing ==		===Sentencing===
	* [[Death Sentence]]		* [[Death Sentence]]
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
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	* Right Not to be Fined Excessively		* Right Not to be Fined Excessively

	== Rights in Prison ==		===Rights in Prison===

Agaiser at 11:28, 1 June 2010

2010-06-01T11:28:22Z

← Older revision		Revision as of 13:28, 1 June 2010
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	'''Table of Contents'''		'''Table of Contents'''

	===Rights ~~with~~ Police ===		== Rights/ Protections from Police ==
	* [[Arrest]]		* [[Arrest]]
			* [[Confessions]]
			* [[Pretrial Identification]]
			* [[Right to Counsel]]
	* [[Right to Silence]]		* [[Right to Silence]]
	* [[Search and Seizure]]		* [[Search and Seizure]]
	* [[Right to Counsel]]
	* [[Confessions]]
	* [[Pretrial Identification]]

	===Rights at Detention===		== Rights during Detention ==
			* [[Freedom from Punishment]]
	* [[Right to Counsel]]		* [[Right to Counsel]]
	* [[Right to Habeas Corpus]]		* [[Right to Habeas Corpus]]
	* [[Right to be free of punishment]]
	* Right to medical care		* Right to medical care

	===Rights at Trial===		== Rights at Trial ==
	* [[~~Right to a Fair Trial~~]]		* [[Double Jeopardy]]
	* [[~~Right to Notice of Charges~~]]		* [[Legality Principle]]
	* ~~Right to Trial by Jury~~		* [[Presumption of Innocence]]
	* [[Right to Compulsory Process]]		* [[Right to Compulsory Process]]
	* [[Right to Confront Witnesses]]		* [[Right to Confront Witnesses]]
			* [[Right to Counsel (Trial)\| Right to Counsel]]
			* [[Right to Fair Trial]]
			* [[Right to Notice of Charges]]
	* [[Right to a Speedy Trial]]		* [[Right to a Speedy Trial]]
	* [[Right to ~~Counsel (~~Trial~~)\| Right to Counsel]]~~		* Right to Trial by Jury
	* [[Presumption of Innocence]]
	* [[Double Jeopardy]]

	~~===Sentencing===~~

	* Right to sentence free of torture		== Sentencing ==
	* [[Right to sentence without cruel or unusual punishment]]
	* [[Death Sentence]]		* [[Death Sentence]]
	* Right to fines that are not excessive
	* [[Ex Post Facto Punishment]]		* [[Ex Post Facto Punishment]]
			* [[Freedom from Cruel or Unusual Punishment]]
			* Freedom from Torture
	* [[Right to Appeal]]		* [[Right to Appeal]]
			* Right Not to be Fined Excessively

	===Rights in Prison===		== Rights in Prison ==

Ddemetriou at 08:13, 31 May 2010

2010-05-31T08:13:46Z

@@ Line 1: / Line 1: @@
 == Background ==
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 *92. Restriction on retrospective legislation.
 **Parliament shall not pass any law to alter the decision or judgment of any court as between the parties to the decision or judgment.

Eeichler: /* Examples of Prohibitions on Ex Post Facto Punishment */

2010-05-21T12:24:36Z

Examples of Prohibitions on Ex Post Facto Punishment

← Older revision		Revision as of 14:24, 21 May 2010
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	== Examples of Prohibitions on Ex Post Facto Punishment ==		== Examples of Prohibitions on Ex Post Facto Punishment ==

	===United States=== "No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.		===United States===
			"No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.

	===Uganda===		===Uganda===

Eeichler: /* Examples of Prohibitions on Ex Post Facto Punishment */

2010-05-21T12:24:27Z

Examples of Prohibitions on Ex Post Facto Punishment

← Older revision		Revision as of 14:24, 21 May 2010
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	== Examples of Prohibitions on Ex Post Facto Punishment ==		== Examples of Prohibitions on Ex Post Facto Punishment ==

	===United States==="No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.		===United States=== "No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.

	===Uganda===		===Uganda===

Eeichler: /* Examples of Prohibitions on Ex Post Facto Punishment */

2010-05-21T12:24:17Z

Examples of Prohibitions on Ex Post Facto Punishment

← Older revision		Revision as of 14:24, 21 May 2010
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	== Examples of Prohibitions on Ex Post Facto Punishment ==		== Examples of Prohibitions on Ex Post Facto Punishment ==

	~~'''~~United States~~''' -~~ "No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.		===United States==="No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.

	===Uganda===		===Uganda===

Eeichler: /* Examples */

2010-05-21T12:24:00Z

Examples

← Older revision		Revision as of 14:24, 21 May 2010
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	== Examples ==		== Examples of Prohibitions on Ex Post Facto Punishment ==

	'''United States''' - "No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.		'''United States''' - "No bill of attainder or ex post facto Law shall be passed."- Article I, section 9, US Constitution.

			===Uganda===

			Constitution
			*92. Restriction on retrospective legislation.
			**Parliament shall not pass any law to alter the decision or judgment of any court as between the parties to the decision or judgment.

Eeichler: moved Ex Poste Facto Punishment to Ex Post Facto Punishment

2010-05-20T15:00:22Z

moved Ex Poste Facto Punishment to Ex Post Facto Punishment

← Older revision	Revision as of 17:00, 20 May 2010
(No difference)

Eeichler: /* Background */

2010-05-20T14:55:50Z

Background

← Older revision		Revision as of 16:55, 20 May 2010
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	== Background ==		== Background ==

	For a system to be fair to all parties, it must have the essential element of finality. The rule against Ex ~~Poste~~ Facto punishment is rooted in the theory that a defendant must be given notice of the punishment in order for due process to have taken place. Therefore, a defendant may not be retro-actively punished and any legislation that occurs after the offense can not be used against the defendant.		For a system to be fair to all parties, it must have the essential element of finality. The rule against Ex Post Facto punishment is rooted in the theory that a defendant must be given notice of the punishment in order for due process to have taken place. Therefore, a defendant may not be retro-actively punished and any legislation that occurs after the offense can not be used against the defendant.

	In certain cases a court may determine that a piece of legislation that has ex ~~poste~~ facto effects, does not violate this principle if the effects are regulatory and not punitive in nature.		In certain cases a court may determine that a piece of legislation that has ex post facto effects, does not violate this principle if the effects are regulatory and not punitive in nature.

	== International Sources ==		== International Sources ==