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by ROTMetro
1413 days ago
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The sentencing guidelines (which direct the sentence a judge will give you) get changed ex post facto all the f'ing time. So yes, you can be given an ex-post facto sentence, it's just that it's been 'lawyered' to be constitutional (we didn't change the criminal law, just the sentencing guideline that dictated the sentence you were given for commiting the crime) even though the rule is 'Every law that makes criminal an act that was innocent when done, or that inflicts a greater punishment than the law annexed to the crime when committed, is an ex post facto law within the prohibition of the Constitution'. The sentencing range wasn't changed, just the sentence the judge was required to give, but the range isn't a rule so it's ok. And if the judge sentences outside the guideline the prosecutor can challenge for 'sentence outside guideline range'. The constitution has been lawyered into oblivion. |
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