U.S. Appeals Court: EX POST FACTO PAROLE.Metheny v. Hammonds, 216 F.3d 1307 (11th Cir. 2000). Four Georgia state prisoners who were convicted as recidivists brought a [ss] 1983 action challenging the retroactive Having reference to things that happened in the past, prior to the occurrence of the act in question. A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a application of a recidivist recidivist n. a repeat criminal offender, convicted of a crime after having been previously convicted. (See: habitual criminal) statute by the Georgia Board of Pardons Part of the executive branch of state government authorized to grant pardons, and restore civil and political rights, to individuals convicted of crimes. A pardon, in the legal sense, releases an individual from punishment or penalty, but does not necessarily exonerate them of guilt. and Paroles. The district court granted summary judgment in favor of the prisoners. The appeals court vacated and remanded, finding that retroactive application of the statute did not violate the Ex Post Facto ex post facto adj. Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. Clause or the due process clause. The statute required the Board to consider recidivists convicted of a fourth felony to be ineligible for parole. (Georgia Board of Pardons and Paroles) |
|
||||||||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion