Does a statute retroactively increase the punishment for a crime committed after the crime has been committed violate the ex post facto clause?

California, United States of America


The following excerpt is from People v. Williams, D062840 (Cal. App. 2013):

"A statute violates the ex post facto clause[s] when, on its face or as applied, it retroactively ' "increase[s] the punishment for criminal acts." ' Thus[,] the prohibition on ex post facto laws prevents the government from changing the punishment for a criminal act after the act has been performed." (People v. Callejas (2000) 85 Cal.App.4th 667, 670.) "[C]ourts have consistently held restitution fines qualify as 'punishment' for purposes of the ex post facto clause[s]." (Ibid.)

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