Statutes of limitations
Statutes of limitations are legal provisions that establish the maximum time period within which legal proceedings can be initiated, both in criminal and civil cases. In criminal law, the countdown begins at the moment the crime is committed, while in civil law, it typically starts when the event occurs, although it may be postponed until the affected party discovers the issue. These statutes serve several purposes, including promoting fairness by acknowledging that memories fade and evidence may be lost over time, which can impact the integrity of trials. They also encourage timely investigations by law enforcement and provide closure for individuals involved, whether innocent or guilty, by reducing the anxiety related to potential prosecution for older offenses.
In the United States, each state determines which crimes are subject to statutes of limitations and the length of these periods, with serious crimes like murder often exempt from any time limits. There are also provisions for tolling or suspending these statutes under specific circumstances, such as when a suspect leaves the state or in cases involving repressed memories of abuse. Importantly, the responsibility to invoke the statute of limitations lies with the defendant, while the prosecution must demonstrate that the case falls within the permissible timeframe for legal action.
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Statutes of limitations
SIGNIFICANCE: Offenders may be protected forever from prosecution if the maximum time periods set by the statutes for their crimes expire without the government’s initiation of legal action.
Statutes of limitations are temporal in nature, that is, they deal with time limitations for prosecutions in criminal cases or for initiation of litigation in civil matters, such as torts or contracts. In criminal cases, the clock begins to tick at the moment of the crime, while the cause of action in civil cases generally accrues when the event occurs although sometimes it is postponed until the discovery of the condition that is the subject of the lawsuit.
The philosophical justifications for statutes of limitations include fairness. With the passage of time, witnesses’ memories fade, their whereabouts may be undiscoverable, and evidence may be lost—all developments that can hurt defendants’ opportunities for fair trials. The existence of statutes of limitations also encourages criminal justice officials to investigate crimes and proceed in an expeditious manner. In addition, the acts also permit closure for both innocent and guilty suspects, who need not fear arrest for minor crimes that occurred years earlier. A further benefit of the statutes is that they reduce the caseloads of unresolved crimes, allowing criminal justice personnel to concentrate on current crimes.
Every US state selects the crimes that are subject to statutes of limitations and sets their individual durations. Misdemeanors frequently have two-year statutes of limitations, while serious crimes typically carry longer time periods. Murder and a small number of other crimes are generally exempted, leaving offenders forever subject to trial and punishment.
Statutes of limitations may be tolled or suspended under certain circumstances. For example, the clock stops when an accused person leaves the state to avoid being prosecuted. Some states allow exceptions for repressed memories of childhood abuse, which is often sexual in nature, and delay the imposition of the statute until a victim remembers the incidents.
The running of time under a criminal statute of limitation continues from occurrence of the offense until prosecution is commenced. What constitutes commencement of prosecution varies by state and may include the moment when either a complaint is filed, a warrant of arrest is issued, an indictment is handed down by a grand jury, or an information is filed. Statutes of limitations are the equivalent of affirmative defenses; therefore, it is the defendant’s responsibility to raise the issue of the prohibition, and it is the prosecution’s duty to show that the event occurred within the allotted time.
Bibliography
Gardner, Thomas J., and Terry M. Anderson. Criminal Law. 8th ed. Belmont, Calif.: Wadsworth/Thomson Learning, 2003.
Inciardi, James A. Criminal Justice. 7th ed. Fort Worth, Tex.: Harcourt College Publishers, 2002.
Wathne, Olivia. "Time Limits for Charges: State Criminal Statutes of Limitations." FindLaw, 15 Oct. 2024, www.findlaw.com/criminal/criminal-law-basics/time-limits-for-charges-state-criminal-statutes-of-limitations.html. Accessed 10 July 2024.