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re: Purpose of “Statute of Limitations”

Posted on 7/2/18 at 7:21 pm to
Posted by Tortious
ATX
Member since Nov 2010
5143 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 cave canem
pullarius dominus
Member since Oct 2012
12186 posts
Posted on 7/2/18 at 10:54 pm to
quote:

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.


Combine this with the stated goal of rehabilitation and it becomes a bit cleared, if someone has managed to go a lifetime without commiting another crime what is the States interest in incarcerating them at huge cost for a lesser crime, it is assumed they have self rehabilitated.

While I may not agree with it it is easy to understand.
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