The law is designed to protect the rights of every citizen of the state. Criminals are human beings, and there are no reservations for their fair treatment. Constitutional limitations on criminal law are provisions in the constitution that place restrictions on government actors. These provisions, whether they give criminals certain privileges or prohibit governmental action, are essential in ensuring that governmental power is in check and prevent violation of human rights. An ex post facto law is a law that changes the legal consequence of actions committed before enactment of a law prohibiting that action. The Ex post facto clause is a clause in Article I, Section 9 of the U.S. Constitution forbidding Congress from passing any ex post facto laws.
The clause prohibits congress and the State from passing any ex post facto legislation (Legal Information Institute, n.d.) . The public policy reason for limiting ex post facto laws is to ensure the integrity of law and fairness. Giving room for the prosecution of a criminal law retrospectively is oppressive and violates human rights.
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Positive Impacts of Prohibiting Ex Post Facto Laws
Protects members of society from prosecution as a result of the introduction of legal structures of which one had no notice.
Promotes fairness and integrity of law (Crosskey, 1947)
It prevents easier convictions and increase of penalties as a result of future legislation.
Prevents violation of human rights
Negative Impacts of Prohibiting Ex Post Facto Laws
It provides a blanket for criminal activities as illegal activities can go unpunished
It reduces morals to strict adherence to stipulated law rather than the general principles and values of the constitution.
Biblical View
The principles of biblical view do not agree with limiting criminal law. The Bible prescribes for prosecution based on morality. These principles are not dependent on time. Justice administration was dependent on values and, criminal actions not enacted in the law frameworks were still culpable.
In conclusion, laws need to be universal, fair, and promote human rights. The prohibition of ex facto laws is important as it creates a dependable law system and makes the administration of justice universal. Constitutional limitations on criminal law ensure that law is enforced equally to everyone and limits the power of law enforcers
References
Legal Information Institute. (n.d.). Retrieved from Cornell Law School: https://www.law.cornell.edu/wex/ex_post_facto
Crosskey, W. (1947). The true meaning of the constitutional prohibition of ex-post-facto laws. The University of Chicago Law Review, 14(4), 539-566. doi:10.2307/1597207
