Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

yortsed snacilbuper

(7,939 posts)
Tue Jul 31, 2018, 02:33 PM Jul 2018

Statute of limitations.

It seems to help the perverts get away with their crimes?

stat·ute of lim·i·ta·tions
ˈstaCHo͞ot əv ˌliməˈtāSHənz/
nounLaw
noun: statute of limitations; plural noun: statutes of limitations
a statute prescribing a period of limitation for the bringing of certain kinds of legal action.

10 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Statute of limitations. (Original Post) yortsed snacilbuper Jul 2018 OP
Depends Sanity Claws Jul 2018 #1
this is one of those things that people don't appreciate because it solves a problem really well. unblock Jul 2018 #2
The catholic priests probably really like it. yortsed snacilbuper Jul 2018 #3
and this is where that conversation about what number of years for certain crimes may make sense. unblock Jul 2018 #6
Good luck with reporting a priest, yortsed snacilbuper Jul 2018 #7
That's what I mean, we need to create an environment where unblock Jul 2018 #10
True. Igel Jul 2018 #9
+1 ProfessorGAC Jul 2018 #4
interesting! unblock Jul 2018 #5
Statutes of Limitations; limit abuses by plaintiffs with deep pockets. empedocles Jul 2018 #8

Sanity Claws

(21,822 posts)
1. Depends
Tue Jul 31, 2018, 02:42 PM
Jul 2018

T-rump and his co-conspirators are engaged in an ongoing conspiracy and ongoing obstruction.
Statute of limitations will not help those guys.

unblock

(51,973 posts)
2. this is one of those things that people don't appreciate because it solves a problem really well.
Tue Jul 31, 2018, 02:42 PM
Jul 2018

we see the downside in that if a crime is subject to a statute of limitations, a criminal can escape justice if they can keep the crime a secret for long enough.

what we don't see is the downside to not having a statue of limitations, which effectively prevents such things as prosecutorial abuse by dangling a prosecution over someone's head for years or even decades. an innocent defendant may also no longer have access to witnesses or evidence that might clear them of the charges. a prosecutor could wait until alibi witnesses die off and then bring charges.

it's always possible to discuss reasonable adjustments, e.g., what number of years for particular crimes is appropriate, but in general it seems to be that statutes of limitations are on balance a good thing.

yortsed snacilbuper

(7,939 posts)
3. The catholic priests probably really like it.
Tue Jul 31, 2018, 02:46 PM
Jul 2018

They can molest the alter boys, and by the time the alter boys grow up and figure out what happened, the priests get off scot free.

unblock

(51,973 posts)
6. and this is where that conversation about what number of years for certain crimes may make sense.
Tue Jul 31, 2018, 03:00 PM
Jul 2018

there needs to be a balance. you don't want people escaping justice; on the other hand, if there is to be a trial, it has to allow for the reasonable presentation of evidence by the accused.

the horror we don't see is an innocent person prosecuted for a crime that allegedly took place decades ago. i can't imagine how i would defend myself against an accusation of something i supposedly did 30 years ago, in a different state, now that i've lost track of potential witnesses, alibis, and any physical evidence is long gone. never mind that i'd have no idea how to answer a question like "where were you on this particular date some 30 years ago....


of course, it's already an injustice that a guilty person can escape prosecution for decades in the first place. the real solution is not to extend the statute of limitations, but to create an environment where victims of abuse and molestation and so on can easily and safely report such crimes in real time.

yortsed snacilbuper

(7,939 posts)
7. Good luck with reporting a priest,
Tue Jul 31, 2018, 03:12 PM
Jul 2018

the catholic church would move him to another parish in a new York minuet.

Igel

(35,191 posts)
9. True.
Tue Jul 31, 2018, 05:09 PM
Jul 2018

The rain falls on the just and the unjust.

That's not a reason to curse the rain.

The old canard in American is to aver that it's better to let 99 guilty men go in order to protect one innocent person. I personally think that would be a mistake because the 99 guilty would make life hell for the non-prison population, but it gets to a valid point: At what point do you justify hurting the innocent to make sure every guilty person is punished?

Many would rather see 99 innocent people suffer to punish the one person they don't like. After the prerequisite trial for that one disliked person, of course.

ProfessorGAC

(64,413 posts)
4. +1
Tue Jul 31, 2018, 02:50 PM
Jul 2018

I concur completely. And as to this particular situation, i found this

The crucial question in this regard is the scope of the conspiratorial agreement, and the conspiracy is deemed to continue until its purpose has been achieved or abandoned. See United States v. Northern Imp. Co., 814 F.2d 540 (8th Cir. 1987); United States v. Coia, 719 F.2d 1120 (11th Cir. 1983), cert. denied, 466 U.S. 973 (1984).

An individual's "withdrawal" from a conspiracy starts the statute of limitations running as to that individual. "Withdrawal" from a conspiracy for this purpose means that the conspirator must take affirmative action by making a clean breast to the authorities or communicating his or her disassociation to the other conspirators. See United States v. Gonzalez, 797 F.2d 915 (10th Cir. 1986).



Since they are still at it, the clock is not even running yet.
Latest Discussions»General Discussion»Statute of limitations.