I can’t seem to find the answer and it’s probably different in each country, but I was wondering:
Say a country legalises something which was illegal (which it obviously was, or it wouldn’t need legalising); on which a prison sentence once was generally dealt.
For example, drugs in the US (but I could use any old example, but there seems to be a lot of Americans here, so I’m choosing this one).
Marijuana dealers and users got locked up in prison.
Then the law changes, and marijuana is legal.
What happens to the prisoners? Do they get let out of prison?
On one hand they’re in prison for something that’s legal.
And on another hand they’re in prison for breaking the law at the moment of judgement.
I was just thinking how awful it would be to be in prison for something that since one’s sentencing has become legal.
Just wondering! Anyone know?
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@shavixmir saidMostly, I think, the individual states would make it right.
I can’t seem to find the answer and it’s probably different in each country, but I was wondering:
Say a country legalises something which was illegal (which it obviously was, or it wouldn’t need legalising); on which a prison sentence once was generally dealt.
For example, drugs in the US (but I could use any old example, but there seems to be a lot of Americans here, ...[text shortened]... n prison for something that since one’s sentencing has become legal.
Just wondering! Anyone know?
Good question though, I'm not certain of this.
If you murdered someone in 1979, and they caught you in 2022, you would be sentenced under the 1979 guidelines which were more lenient.
In the U.S. people are still in prison for Mary Jane. Though some states have legalized it MJ is still illegal on the federal level. I have no idea why that's possible
As far as I'm aware convicts are not automatically let go in the U.S. if their crime is suddenly legal. Pardons have to be granted. Obama granted hundreds of pardons for minor drug offenses.
@shavixmir saidUnless specifically stated in the later law, repeal of a criminal statute is not retroactive and those convicted prior to the repeal still are subject to the penalties of prior law.
I can’t seem to find the answer and it’s probably different in each country, but I was wondering:
Say a country legalises something which was illegal (which it obviously was, or it wouldn’t need legalising); on which a prison sentence once was generally dealt.
For example, drugs in the US (but I could use any old example, but there seems to be a lot of Americans here, ...[text shortened]... n prison for something that since one’s sentencing has become legal.
Just wondering! Anyone know?
@no1marauder saidI thought it might be that.
Unless specifically stated in the later law, repeal of a criminal statute is not retroactive and those convicted prior to the repeal still are subject to the penalties of prior law.
Bit of a bummer being in prison though, for something which is no longer illegal.