← Legal Glossary
Ex Post Facto Clause
Definition
A constitutional provision (Article I, Sections 9 and 10) that prohibits the government from passing laws that retroactively criminalize conduct, increase punishment, or change the rules of evidence to the disadvantage of the defendant after the crime was committed. It only applies to criminal punishments, not civil measures.
Examples
- •Ellingburg argues that applying the MVRA's extended collection period to his pre-MVRA offense violates the Ex Post Facto Clause because MVRA restitution is criminal punishment