An old Supreme Court case from 1798 (Calder v. Bull) held that the Ex Post Facto Clause only apply to criminal, not civil cases. While we may think the outcome was outrageously criminal, the issue was a civil lawsuit.
Thank you, I wasn’t aware of that. The problem here is the State is clearly using the civil courts as a criminal court proxy. The Letitia James case is in civil court because she knows it would never make it through criminal court.
The Carrol case is similar in nature, look at the first trial where the jury actually issued a verdict regarding if a rape took place.
I’m in no way a legal scholar, but it seems to me when civil courts are meting out punishment in the way of punitive damages they are acting as a de facto criminal proceeding.
An old Supreme Court case from 1798 (Calder v. Bull) held that the Ex Post Facto Clause only apply to criminal, not civil cases. While we may think the outcome was outrageously criminal, the issue was a civil lawsuit.
Thank you, I wasn’t aware of that. The problem here is the State is clearly using the civil courts as a criminal court proxy. The Letitia James case is in civil court because she knows it would never make it through criminal court.
The Carrol case is similar in nature, look at the first trial where the jury actually issued a verdict regarding if a rape took place.
I’m in no way a legal scholar, but it seems to me when civil courts are meting out punishment in the way of punitive damages they are acting as a de facto criminal proceeding.
i ALWAYS love the replies that some bring to the table concerning the Law of OUR Land and you have elucidated quite well what I have been thinking...
Thank you for such a succinct reply and Case...