The proper focus of an ex post facto inquiry is whether the relevant change alters the definition of criminal conduct or increases the penalty by which a crime is punishable.

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An ex post facto inquiry examines if a law retroactively changes the legal consequences of actions that were committed before the enactment of the law, specifically focusing on whether it alters the definition of criminal conduct or increases the penalty for a crime, which is constitutionally prohibited.

The Proper Focus of an Ex Post Facto Inquiry Is