Retroactivity

Definition

The principle that a new law applies to conduct or sentences that occurred before the law was enacted. When Congress makes a law retroactive, it applies to people already sentenced; when it makes a law only prospective, it applies only to future cases. Retroactivity decisions are typically key negotiating points in criminal justice legislation.

Examples

• •The First Step Act's changes to 924(c) were made prospective only under Section 403(b), while changes to crack cocaine sentencing were made retroactive under Section 404

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