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Purpose of “Statute of Limitations”
Posted on 7/2/18 at 6:41 pm
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 on 7/2/18 at 6:46 pm to Grasshopper
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 on 7/2/18 at 6:46 pm to Grasshopper
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 on 7/2/18 at 6:49 pm to Grasshopper
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 on 7/2/18 at 7:10 pm to Grasshopper
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 on 7/2/18 at 7:21 pm to Grasshopper
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 on 7/2/18 at 7:25 pm to Grasshopper
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 on 7/2/18 at 8:44 pm to Grasshopper
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 on 7/2/18 at 8:48 pm to Grasshopper
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.
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 on 7/2/18 at 8:49 pm to Grasshopper
Okay, account for your whereabouts on May 14, 1987.
Posted on 7/2/18 at 8:50 pm to Grasshopper
It encourages people to come forward within a prescribed time. It's generally a pretty sound public policy with some exceptions.
Posted on 7/2/18 at 9:30 pm to Grasshopper
Witnesses, evidence, DNA, etc.
There are plenty of reasons. Yeah, it sucks, but it's there.
There are plenty of reasons. Yeah, it sucks, but it's there.
Posted on 7/2/18 at 10:41 pm to Grasshopper
I believe it's "Statue of Limitations".....
Posted on 7/2/18 at 11:20 pm to Grasshopper
There are no statutes of limitations that involve child sexual abuse in the vast majority of states.
Posted on 7/3/18 at 8:07 am to Grasshopper
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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