Alabama Constitution Section 7 - Accusation, arrest and detention; punishment limited to laws established prior to offense.
Alabama Constitution - Section 7
Title: Accusation, arrest and detention; punishment limited to laws established prior to offense.
Full Text:
Section 7.
No person shall be accused, arrested, or detained except in cases as ascertained by law, and according to the forms which the same has prescribed; and no person shall be punished but by virtue of a law established and promulgated prior to the offense and legally applied.
Explanation:
This section of the Alabama Constitution enshrines several key legal protections for individuals:
Due Process:
A person can only be accused, arrested, or detained if the law specifically provides for it.
The legal procedures ("forms") laid out by the law must be followed.
Protection from ex post facto laws:
No one can be punished for an act that was not a crime when it was committed.
Laws must be established ("promulgated") before the offense occurred.
The punishment must be applied according to the legal standards in place at the time of the offense.
Purpose:
This section safeguards individuals from:
Arbitrary arrest or detention.
Retroactive criminal punishment.
Laws being unfairly or inconsistently applied.
It reflects core principles of constitutional law, such as due process, fair notice, and legal certainty.
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