MCOLES State Licensing Practice Exam

What defines an Ex Post Facto Law?

1. A law punishing an act that was legal at the time

2. A law allowing excessive bail

3. A law that prohibits double jeopardy

4. A law permitting warrantless searches

The correct answer is: A law punishing an act that was legal at the time

An Ex Post Facto Law is defined as legislation that makes an action illegal or imposes a more severe punishment for an act that was legal when it was committed. This principle is enshrined in the U.S. Constitution, which prohibits such laws in order to protect individuals from unfair treatment under the law. The essential aspect of an Ex Post Facto Law is that it retroactively alters the legal consequences of actions already taken, violating basic notions of fairness and due process. The other options relate to different legal principles: excessive bail is addressed under the Eighth Amendment; double jeopardy, which protects individuals from being tried for the same crime twice, is a separate legal protection under the Fifth Amendment; and warrantless searches pertain to the Fourth Amendment's protection against unreasonable searches and seizures. None of these options capture the essence of what constitutes an Ex Post Facto Law, which is fundamentally about retroactive legal changes and the potential for punitive actions against past behavior.