NCJ Number
7803
Journal
University of Pennsylvania Law Review Volume: 121 Issue: 1 Dated: (NOVEMBER 1972) Pages: 120 -151
Date Published
1972
Length
32 pages
Annotation
DETAILED DISCUSSION OF THE EFFECTS OF ALTERED PENALTIES OR REPEALED CRIMINAL LEGISLATION ON DEFENDANTS WHOSE CASES ARE PENDING OR ON APPEAL.
Abstract
WHEN A LEGISLATIVE BODY CHANGES A JURISDICTION'S CRIMINAL CODE, THE CHANGE OPERATES PROSPECTIVELY. THERE IS NO DEFINITIVE AUTHORITY, HOWEVER, FOR APPLYING THE CHANGE TO OFFENDERS ALREADY APPREHENDED AT THE TIME OF THE CHANGE. THE COMMON LAW HOLDS THAT CHARGES MUST BE DISMISSED IF A LAW IS REPEALED WITHOUT SPECIFIC AUTHORIZATION FOR CONTINUING PROSECUTION ALREADY IN PROGRESS. THIS AUTHORIZATION, KNOWN AS A SAVING CLAUSE TAKES MANY DIFFERENT FORMS, AND COURTS HAVE INTERPRETED THESE CLAUSES IN MANY WAYS. THIS ARTICLE REVIEWS THESE DECISIONS AND MAKES SOME SUGGESTIONS FOR ACHIEVING JUSTICE FOR THOSE ALREADY IN THE CRIMINAL JUSTICE SYSTEM WHEN AMELIORATIVE CHANGES TAKE PLACE.