Law Commons^™

On Straddle Crimes And The Ex Post Facto Clauses, Richard Broughton

Richard Broughton

Straddle crimes – those in which one or more conduct elements of a newly created crime occur prior to the effective date of the law, yet the crime is not complete until afterward – pose a unique problem in American criminal and constitutional law. This Article fills a void in the literature by examining the ex post facto implications of straddle offenses and by exploring the possibilities for a new ex post facto approach to true straddle crimes which involve conduct elements that are separated in time and space. Courts have typically approached straddle crimes in this context by holding …