Explain the constitutional prohibition against ex post facto laws.

What will be an ideal response?


Before behavior can be treated as criminal, the legislature must have passed a statute making it criminal. Both Congress and the state legislatures can make an act a crime, and individuals are subject to the criminal laws of both systems. The Constitution protects against ex post facto laws-statutes that would punish someone for an act that was not considered criminal when the act was committed. Only those who commit the prohibited act after the effective date of the statute may be prosecuted.

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