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Posted: 12/12/2013 4:03:09 PM EST
What does this mean for anyone that was charged, prosecuted, fined, and imprisoned because of it?



Remember, I'm not talking about repeal, I'm talking about it being struck down.
Link Posted: 12/12/2013 4:20:17 PM EST
Good question

And I think your distinction between repeal and struck down by high court as constitutional violation, is an important factor.


Link Posted: 12/12/2013 5:10:31 PM EST
[Last Edit: 12/12/2013 5:11:02 PM EST by sbhaven]
What happens to a law when struck down will determine what happens to anyone charged because of it.

If a law like PA 13-3/PA 13-220 is stuck down, does the law it repealed and replaced rervert to being the law of the land? Or is the repealed law also struck down when the revised law is struck down?

Most likely what would happen is the court would say something to the effect of "the legislature has to go back and fix this unconstitutional law because..." and then the court will lay out what they think the legislature should fix/strike. Its very possible the court may even provide a road map for the legislature on how to craft a gun grabbing law that wouldn't be struck down when striking down a gun grabbing law.
Link Posted: 12/12/2013 5:10:58 PM EST
you still lose your anal virginity in prison
Link Posted: 12/13/2013 7:39:10 AM EST
And they still have record of whatever anyone registered so they can seek a legal way to take it.
Link Posted: 12/13/2013 10:33:05 AM EST
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Originally Posted By Remydog:
And they still have record of whatever anyone registered so they can seek a legal way to take it.
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IF you registered.

Link Posted: 12/13/2013 12:04:37 PM EST
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Originally Posted By matthardcore:
Good question

And I think your distinction between repeal and struck down by high court as constitutional violation, is an important factor.


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That IS a good question.

Back in the 30's when prohibition was repealed and alcoholic beverages became legal again, does anyone know if all the people sent to prison for bootlegging bathtub gin were released because they were sent to prison for something that was no longer illegal, or did they stay in prison because they still broke the law regardless of whether it remained a law? I'd think that would be the legal model for what they would do in this case as well.
Link Posted: 12/13/2013 2:51:47 PM EST
Remember, Prohibition was repealed, not struck down. There is a big difference legally. I'm curious what would happen legally if someone was arrested, charged, prosecuted, and imprisoned due to a law that was subsequently struck down as unconstitutional.

Did you really break a law in the first place?
Link Posted: 12/13/2013 3:31:21 PM EST
[Last Edit: 12/13/2013 3:39:49 PM EST by sbhaven]
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Originally Posted By Wobblin-Goblin:
Remember, Prohibition was repealed, not struck down. There is a big difference legally. I'm curious what would happen legally if someone was arrested, charged, prosecuted, and imprisoned due to a law that was subsequently struck down as unconstitutional.

Did you really break a law in the first place?
View Quote

Good questions. Here is one opinion from 1926, dealing with Indiana that discusses the effects of an unconstitutional statute (Indiana state law) and someone charged because of that statute.
http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1096&context=ilj

A few portions from that PDF:

.... the court said in Carr v. State,3 "An act which violates the Constitution has no power and can, of course, neither build up or tear down. It can neither create new rights nor destroy existing ones. It is an empty legislative declaration without force or vitality."
....
In accordance with the views expressed above it is held in Indiana that a repealing act which is unconstitutional can have no effect upon the statute sought to be repealed and the previous statute remains the law as though the legislature had not made any attempt to change it.4
....
That an unconstitutional statute is to be considered as though it had never been enacted by the legislature is also the view of a number of other courts. For example, the United States Supreme Court has said,"
"That act was therefore as inoperative as if it had never been passed, for an unconstitutional act is not a law, and can neither confer a right or immunity nor operate to supersede any existing valid law." And an appellate court of Texas7 has said that an unconstitutional statute "is of no more force or validity than a piece of blank paper," while the Minnesota court" has expressed the same idea by stating that it "is simply a statute in form, is not a law, and under every circumstance or condition lacks the force of law."

In accord with this doctrine that a statute which is declared unconstitutional is void ab initio it has been held that a person accused of a crime and convicted under an unconstitutional statute is entitled to a reversal and as a consequence, his freedom. This is true even though the accused pleaded guilty, ° and even though the defective statute related only to the term of court at which the accused was tried,"' having no relation to the substantive law under which he was tried. The same rule has been applied to judgments rendered by a court in civil cases.' 2 It has also been held that unconstitutional statutes which purported to incorporate'13 or disincorporate 4 municipaites fail entirely to accomplish their purpose and as a result of this the taxes which are paid to the city may be recovered.15 However, it should be noted that the courts have gone far to defeat the recovery of taxes paid under statutes which prove to be unconstitutional by holding that if the taxes were paid voluntarily they cannot be recovered. 16 If the taxes were paid involuntarily, however, they may be recovered.

Link Posted: 12/13/2013 4:05:10 PM EST
[Last Edit: 12/13/2013 4:05:51 PM EST by Firefoxammo]
Originally Posted By Wobblin-Goblin:
What does this mean for anyone that was charged, prosecuted, fined, and imprisoned because of it?



Remember, I'm not talking about repeal, I'm talking about it being struck down.
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They would receive a complete 100% pardon
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