Courts and Legislatures Urged to Resurrect Amelioration Doctrine for Fairness
The article discusses how changes in the law that benefit criminal defendants raise questions about whether the new law should apply retroactively or prospectively. It explores two different approaches: the transaction-time model (applying the law at the time of the offense) and the decision-time model (applying the law at the time of sentencing). The traditional principles of notice, reliance, and the Ex Post Facto Clause may not always favor prospective application in these situations.
