1. Define and describe ex post facto laws.
An “ex post facto law is one that alters the laws regarding a particular act in such a way as to be detrimental to the substantial rights of an accused person” (Chamelin & Thomas, 2012, p. 15). These laws can happen in three ways: the timing and posting of new or changed laws, increasing punishments after a criminal act, and the decreasing of a state’s burden of proof. The first occurrence of an ex post facto is when a person commits an act before it is passed by legislation as a crime. Therefore, they cannot be prosecuted for the violation of the act. “Courts are constantly making ex post facto Law, because they are constantly in the practice of applying rules which were not in existence and were,
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In the common law, “a felony was defined as any crime for which the perpetrator could be compelled to forfeit his property-both real and personal-in addition to being subject to punishment through the procedures of death, imprisonment, or fine; generally the punishment is jail for more than one year or incarceration in state prison” (Chamelin & Thomas, 2012, p. 10 & 18). The following are classified as some of the major felonies: rape, manslaughter, murder, larceny, sodomy, robbery, arson, and burglary. The one key way to distinguish a felony from a misdemeanor is if punishment was required. A misdemeanor is defined as a crime of a minor class and the penalty is less than a felony. Some examples of misdemeanors’ include: prostitution, public intoxication, reckless driving, and trespassing. Both of these terms are used as a label to define class offences and are not applied uniformly throughout the country, instead each jurisdiction can choose which label and impose whichever punishment they see fit. However, the biggest difference for felonies and misdemeanors is not where criminals are imprisoned but for the how long they are imprisoned. Therefore, this major distinction is what sets them apart, “a felony under federal law is any crime for which the penalty is death or imprisonment for a term exceeding 1year” (Chamelin & Thomas, 2012, p.
The first chapter of “Law in America” by Lawrence M. Friedman is an introduction to the formation of the law system that we have in the United States today. The opening of the chapter depicts how Freidman starts his lectures, by reading the front few pages of the local newspaper to his very lethargic students who take his early class. At first, this seems odd given that this is not a political science class or media lecture. However, the logic behind this process is that in every “domestic” article in the news there is a connection to the law. Law is intertwined in almost every situation we face during, not only our day to day lives but also the very structure that forms the environment we live in.
The laws are not set in stone anywhere, but are creations by humans based on our needs to make the world revolve with order. The world is always changing, and in order for laws to always be of appropriate effect, laws change as well. An example of how it is necessary for laws to change would be when there was no law about weapons being in school systems. However, when shootings on school grounds began, there was a need to implement a law. A downside of zero-tolerance policies with these laws can affect people who have no malicious intentions.
Also, it did not matter the number of necessary laws to carry out its power,
The author also finds out that the application of the law raises questions on the proportionality in which it is applied, particularly to petty theft cases. Because of the lack of clarity in which the law can be applied, legislatures and citizens have the right to redefine the law and its
In an interview with Michelle Alexander, author of The New Jim Crow, she claims that mass incarceration is a new version of the Jim Crow laws that were initially enacted in the nineteenth and twentieth century. These laws were set into place in order to enforce segregation between black and white citizens. Jim Crow was supposed to have ended in the 1964 with the Civil Rights Act, however Alexander believes that current society has been using “the war on drugs” as a tactic to discriminate against black people thus continuing the ideas of the racial segregation. Though congress may have passed the Civils Right Act, that has not stopped society from racial profiling each other and discriminating as they see fit. Black citizens continue to face
Feser gives advocates this scenario that debunks the belief of those who view it as double punishment: On this view, the ex-con pays his debt to society by doing time and should suffer no further punishment. But this begs the question at issue: should a felon lose his vote as well as spend time behind bars? Few people would say that the drunk driver sentenced by a judge to lose his driver’s license and to pay a hefty fine is punished twice. (Feser, 2005, para. 7)
In The United States’ early years, American citizens brawled against the government for basic rights, including the right to vote. Blood, sweat, and tears found solace in American soil as the bitter fight against oppression came with a forceful, violent stride. When women fought for the right to vote in nineteen thirteen while marching down Pennsylvania avenue, fellow American citizens assaulted them while government officials stood idly by. When African Americans fought for the right to vote on a Sunday afternoon in Selma, Alabama, American police officers assaulted hundreds of them and blood stained the warm concrete. This brutal trend of protesting for voting privileges continued in the twentieth century until the government eventually eliminated
Even though a misdemeanor is defined as a lesser criminal act and comes with less severe punishments, criminal defense lawyers urge clients not to take misdemeanor charges lightly. The criminal justice system is often unpredictable, but Buntin, Etheredge, & Fowler, LLC in Dothan, AL, wants to help. Here are three reasons to hire a criminal defense attorney if you are facing misdemeanor charges: If You Don’t Have A Record: There are programs in place that may help with a dismissal of charges for those who do not have a criminal record. An experienced criminal defense attorney will help determine if you are eligible for such a program.
There are a number of reasons that someone may need the help of a criminal defense lawyer. A good one is not cheap, but a conviction on your record can cost you over and over for the rest of your life. First of all are the very real possibilities of large fines and time behind bars. However, even misdemeanor convictions can keep you from getting a good job. Although many potential employers will tell you that they will only check back through 7 years of your criminal history, that is largely a myth.
So in a nut shell, every state has its own set of rules for the punishment of criminals called sentencing guidelines, which are sentencing policies prosecutors and judges use for people convicted of serious misdemeanors and felonies (Peak,2015). The crime and the criminal 's previous criminal history is considered when a judge hands down a sentence. People that oppose alternative sentencing argue that an individual 's circumstances are unique and should be considered during sentencing, otherwise there is a possibility of
No, the Act does not being unconstitutionally applied as an Ex Post Facto law Clauses. 2. No, the Act does not violate the Single Subject. 3. No, the Act does not violate the Separation of Powers Clause.
The controversy over what rights felons have after being convicted varies ``from state to state. As a United States citizen, our right to vote is presented clearly in the Constitution. Due to this, being incarcerated should not affect our civil duties or rights. Stripping citizens of their right to vote only weakens our democracy because it minimizes voting turnouts.
The former Act established no authority to
The law is an intriguing concept, evolving from society’s originalities and moral perspectives. By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered".
When law fails to perform its function properly and in accordance with principles defined; dysfunction of law occurs. For instance, if a powerful in the society is convicted by