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Retroactive Application of the Law

From an interview with S. David Mitchell, Associate Professor, School of Law

When a legislative body changes a law, mitigating the former penalty and improving someone’s condition, Mitchell argues, this change should be applied retroactively to all the cases still pending and to those individuals who have been convicted as well: “If the legislature changes a statute to reduce the penalty, in order to reflect the intent of their body and the will of the people, then the convicted and sentenced individual should get the benefit of that new penalty.”