Under Smith v. Doe, why did a retroactive sex-offender registration law not violate the Ex Post Facto Clause?
QUESTION
To which kinds of laws do the Ex Post Facto Clauses apply?
QUESTION
How do courts decide whether a law labeled civil is punitive for ex post facto purposes?
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ANSWER
By asking whether the legislature intended punishment and, if not, whether the effects are so punitive as to override that intent. Courts consider factors such as historical treatment, deterrence, and excessiveness relative to the law's purpose.