Difference between revisions of "Ex Post Facto Punishment"
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'''Table of Contents''' | '''Table of Contents''' | ||
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* [[Freedom from Punishment]] | * [[Freedom from Punishment]] | ||
* [[Right to Counsel]] | * [[Right to Counsel]] | ||
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* Right to medical care | * Right to medical care | ||
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* [[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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Revision as of 15:07, 1 June 2010
Contents
Background
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 post facto effects, does not violate this principle if the effects are regulatory and not punitive in nature.
International Sources
International Covenent on Civil and Political Rights, Article 14, Section 7- "No one shall be liable to be tried or punished again for an offence for which he has already been finally convicted or acquitted in accordance with the law and penal procedure of each country."
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.
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.
Rights of the accused
Table of Contents
Rights/ Protections from Police
Rights during Detention
- Freedom from Punishment
- Right to Counsel
- Right to Habeas Corpus
- Right to medical care
Rights at Trial
- Double Jeopardy
- Legality Principle
- Presumption of Innocence
- Right to Compulsory Process
- Right to Confront Witnesses
- Right to Counsel
- Right to Fair Trial
- Right to Notice of Charges
- Right to a Speedy Trial
- Right to Trial by Jury
Sentencing
- Death Sentence
- Ex Post Facto Punishment
- Freedom from Cruel or Unusual Punishment
- Freedom from Torture
- Right to Appeal
- Right Not to be Fined Excessively
