What happens to an inmate if the crime that he was sentenced for is no longer a crime?

samo: What happens to an inmate if the crime that he was sentenced for is no longer a crime?
What will happen if the laws change, and certain acts are no longer considered criminal. Do people that were charged for the act get released because it is no longer a crime?

Answers and Views:

Answer by skeptical
Nope. Nor should they.

Answer by Love Canada.
They are not going to change their minds about major crimes
and little crimes have short sentences
So it should never happen

Answer by Drixnot
No, but they would probably have an easier time at their parole hearing.

Answer by Dave H
Technically laws do not change, what actually happens is that the judge or judges merely re-state a law correctly. So if something is no longer a crime, it means that a judge or judges has re-stated the law in such a way that the act is no longer criminal.

However, there’s a principle known as “Retrospective Effect”, it’s generally accepted that the re-statement (changing) of a law is not allowed to alter the findings of prior completed cases. So if you’ve been sentenced for a crime, you can’t find recourse if the law is re-stated.

In the case of someone charged with a crime, who’s case is on-going, if the law is re-stated while they are being tried, then that re-statement applies to that case. So it is possible for a person who’s charged (remember, this is different to a person who’s already been tried and sentenced) to be released if the law is re-stated while the case is ongoing.

Answer by sarge927
Nope. The laws that were in place at the time of the incident apply. As one poster already indicated, it will make it easier for a prisoner at a parole hearing, but they don’t just let people out of jail because the laws change. The only time someone gets let out of jail like that is if they can show they didn’t commit the crime that landed them in jail. Even if a conviction is overturned, a person usually remains in jail until they are re-tried (or the DA decides not to re-file).

Answer by egyptsprincess07
No, and it’s as it should be. Whether something is considered a crime now or not, the fact is that the ‘criminal’ was convicted of committing an act at a time when it was clearly against the law. Willfully breaking the law, at any point, is a punishable offense no matter the current condition of the specific law in question.

Answer by Methlehem
This is somewhat interesting to me.

I haven’t often thought about what might happen to an individual who was convicted of a crime and then later on the law changed and their crime is no longer considered a crime anymore

I’d say if the person were still in custody, they might apply for a Writ of Habeas Corpus, or file an appeal and indicate in their petition on the grounds that the laws have changed.

If the person is already convicted and has completed their sentence or whatever, then I’d say they could try appealing their conviction based on the new law, however, I’d think it might be trickier to appeal a conviction that was already settled just because “it was the law at the time.”

I think, for the most part, most states would probably uphold and prosecute the criminal offender based on the law at the time of the offense. The sentence, whether or not the law had changed would remain the same, and effective until it was served to completion except maybe in some rare cases.

Cheers.

Answer by Grandview Investigations
No, they are still accountable as the law was in affect when they were charged. Best example is the marijuana possession laws. Back in the 60’s possession of marijuana was a felony. Now, it is basically a misdomeaner. Even still, the individuals that were charged with a possession and recieved a felony, STILL have felonies, even though it has now been reduced.

I think this is stupid. As garbage laws are made each and every day. But as time passes and people defend themselves and these laws are put to a test, if it is found to be unreasonable or just plain unconsitutional, it is then changed or dropped, you would think they would modify the prior individuals charged to reflect these changes. But they are not. This is wrong. They could care less how it affects peoples lives as hey, its not THEIR lives they are ruining.

Answer by bcnu
Nothing happens unless the legislation that repealed the law specifically states that prior convictions are somehow affected. If a court has simply re-evaluated a law, such as finding it unconstitutional, then its impact upon other convicts in other cases may be subject to review on a case-by-case basis.

Answer by laughter_every_day
That depends on the law of his state or country. In my state we have a specific statute that provides that the repeal or amendment of a penal statute does not affect any judgment entered before the effective date of the repeal or amendment. Other states are different. However, when my state repealed a penal law, there were a few people serving sentences for that crime and the governor immediately pardoned all those folks. Actually, he commuted the sentences to get them out of prison, but the convictions remain intact, The governor didn’t have to do that, but he felt it was appropriate.

Answer by Question G
Nope, they stay in jail.
A lot of times laws aren’t about moral right/wrongs, they’re about following the rules.

For instance, let’s say I parked somewhere where I obstructed a street cleaner, and got a ticket. 5 years later, they stop driving the street cleaners around, and you no longer have to worry about obstructing them. Do I get my ticket reversed?