ex post facto

     An ex post facto law is unconstitutional in the United States. Ex post facto means after the fact. Any new law passed in the United States takes effect after the law is passed. Our legislators cannot pass a new law that makes something illegal in the past--something that wasn't illegal when it was done. For instance, a new law that makes it illegal to text and drive has nothing to do with all of the texting and driving people have done in the past. No one can go looking for all of the people who once did this and have them arrested under the new law. The law begins after it has been passed. The problem of ex post facto legislation, or implementation of legislation, is most likely to occur when punishments for a crime have been increased by statute. If the maximum sentence for a particular crime was one year, and has recently been increased to five years, should that sentence be imposed on people who have committed the crime, but who have not been prosecuted or sentenced yet? An accused person in this situation would have a good case for an ex post facto complaint.