After a year of controversial public debate, the state legislature passed a law last month prohibiting a certain form of conduct. In response, a local prosecutor charged Sam with violating the law based on the conduct Sam committed 6 months ago. What is the appropriate challenge to the prosecution?

Question

Quizplus · Accepted Answer

The prosecution is invalid because it violates the prohibition against ex post facto laws. The prohibition against ex post facto laws is in the U.S Constitution and it prohibits a law from being applied retroactively to criminalize conduct that was legal at the time it was performed. In this case, Sam's conduct was legal six months ago and cannot be retroactively criminalized by the newly passed law. Therefore, the prosecution violates the prohibition against ex post facto laws.

After a Year of Controversial Public Debate, the State Legislature