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Purpose of “Statute of Limitations”

Posted on 7/2/18 at 6:41 pm
Posted by Grasshopper
Ocean Springs, MS
Member since Dec 2007
951 posts
Posted on 7/2/18 at 6:41 pm
We are watching “The Keepers” on Netflix. It’s a great series that delves into past sexual abuse of children. There is an issue with the statute of limitations. Why does this exist? If someone commits a crime there should be no time limit on prosecuting that person. Does anyone have a justification for this law?
Posted by Spankum
Miss-sippi
Member since Jan 2007
56119 posts
Posted on 7/2/18 at 6:46 pm to
Eye witnesses are notoriously undependable to start with...after decades, they become even less dependable. Over time, people pass away and forget facts, so trials become damn unfair. That is what was explained to me...
Posted by foshizzle
Washington DC metro
Member since Mar 2008
40599 posts
Posted on 7/2/18 at 6:46 pm to
quote:

If someone commits a crime there should be no time limit on prosecuting that person.


Why? If someone did something stupid at 20 I see no point in punishing him at age 60.
Posted by TMRebel
Oxford, MS
Member since Feb 2013
5430 posts
Posted on 7/2/18 at 6:49 pm to
To avoid problems with finding evidence in really old cases. Also prevents someone from holding on to an accusation for the only reason of blackmailing another, but that's really minor and not really why the Statue of Limitations exists. Doesn't always work out how it should, but that's the law for you.
This post was edited on 7/2/18 at 6:50 pm
Posted by Leadhead
Member since Jan 2013
887 posts
Posted on 7/2/18 at 7:10 pm to
So the person you injured while un- or under- insured can’t come after you years down the road after you become an OT Baller
Posted by Tortious
ATX
Member since Nov 2010
5142 posts
Posted on 7/2/18 at 7:21 pm to
Not all cases have statutes of limitations, such as murder, sex crimes against children, etc. Super heinous ones usually don't in most jurisdictions. The reasoning for lesser crimes, aside from the aforementioned fading of evidence, is really a practical standpoint. Would you rather the going rate of prosecution be for first in line kind of thing which it would become? I commit a DWI today and know the backlog is so great that they are still prosecuting DWIs from the 80's and it will be another 30 years before they likely get to me? DAs would have an ever increasing log of prosecution which is already severely undermanned and long enough. At some point focus needs to be more on immediate enforcement.
Posted by Barbellthor
Columbia
Member since Aug 2015
8637 posts
Posted on 7/2/18 at 7:25 pm to
Not every crime (99% do) has prescription. But the idea is to let people move in with their lives. If you have an action (civil or criminal), get in with it.
Posted by Macavity92
Member since Dec 2004
5983 posts
Posted on 7/2/18 at 8:44 pm to
quote:

 If someone commits a crime there should be no time limit on prosecuting that person. Does anyone have a justification for this law?


Not everyone who is accused of a crime is guilty of a crime. This law protects access to Witnesses and evidence and prevents the conviction of somebody due to poor memories.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76579 posts
Posted on 7/2/18 at 8:48 pm to
FWIW there is no SOL in Louisana for murder or Aggravated Rape. And other sex crimes have extremely long time limits. I think it’s 30 years after the accuser turns 18.

Getting a fair trial is already hard enough in some of these cases. DNA is not available in most cases. CSI is not real life.
Posted by shinerfan
Duckworld(Earth-616)
Member since Sep 2009
22509 posts
Posted on 7/2/18 at 8:49 pm to
Okay, account for your whereabouts on May 14, 1987.
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
67027 posts
Posted on 7/2/18 at 8:50 pm to
It encourages people to come forward within a prescribed time. It's generally a pretty sound public policy with some exceptions.
Posted by Pico de Gallo
Member since Aug 2016
1894 posts
Posted on 7/2/18 at 9:30 pm to
Witnesses, evidence, DNA, etc.

There are plenty of reasons. Yeah, it sucks, but it's there.
Posted by Morgan56
Member since Jan 2006
1163 posts
Posted on 7/2/18 at 10:41 pm to
I believe it's "Statue of Limitations".....
Posted by airfernando
Member since Oct 2015
15248 posts
Posted on 7/2/18 at 11:20 pm to
There are no statutes of limitations that involve child sexual abuse in the vast majority of states.
Posted by PMHBammer
Member since Aug 2010
157 posts
Posted on 7/3/18 at 8:07 am to
Most of the common reasons have already been stated, but one other that is often overlooked is just a matter of resources. Do you want your tax dollars spent prosecuting cases that may be decades old with little value to society other than retribution, or do you want to prosecute more recent crimes for the deterrent effect? Most people would say the latter.
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