Is a measure to a crime already consummated a measure not punitive?
California, United States of America
The following excerpt is from The People v. Gonzales, H032866, No. 211111 (Cal. App. 2010):
measure to a crime already consummated," ' has been interpreted to pertain exclusively to penal statutes. [Citation.]" (Kansas v. Hendricks (1997) 521 U.S. 346, 370.) A judicial determination that a law is not punitive "removes an essential prerequisite" for both double jeopardy and ex post facto claims. (Id. at p. 369.)
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