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Criminal Time!

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Statutes of Limitation

I have posted many articles concerning crimes. and while I was reading over one of the post in, which the legal system had provided changes for certain crimes to no longer have a statute of limitation I think it’s important for people to understand there is a difference between “civil (Money claims), and criminal limitation.

The phrase “statute of limitations” refers to the time period within which formal criminal charges must be brought after a crime has been committed. “The purpose of a statute of limitations is to limit exposure to criminal prosecution to a certain fixed period of time following the occurrence of those acts the legislature has decided to punish by criminal sanctions. Such a limitation is designed to protect individuals from having to defend themselves against charges when the basic facts may have become obscured by the passage of time and to minimize the danger of official punishment because of acts in the far-distant past. Such a time limit may also have the salutary effect of encouraging law enforcement officials promptly to investigate suspected criminal activity.” Therefore, in most instances, prosecutions are barred if the defendant points out that there was no indictment other formal charge within the time period dictated by the statute of limitations.

Statutes of limitation are creatures of statute. The common law recognized no period of limitation. An indictment could be brought at any time. Limitations are recognized today only to the extent that a statute or due process dictates their recognition. Congress and most state legislatures have enacted statutes of limitation, but declare that prosecution for some crimes may be brought at any time.

Aside from capital offenses, crimes which Congress associated with terrorism may be prosecuted at any time if they result in a death or serious injury or create a foreseeable risk of death or serious injury.  Although the crimes were selected because they are often implicated in acts of terrorism, a terrorist defendant is not a prerequisite to an unlimited period for prosecution.  A third category of crimes that may be prosecuted at any time consists of various designated federal child abduction and sex offenses.

Although the majority of federal crimes are governed by the general five year statute of limitations, Congress has chosen longer periods for specific types of crimes – 20 years for the theft of art work; 10 years for arson,  for certain crimes against financial institutions,  and for immigration offenses;  and eight years for the nonviolent violations of the terrorism-associated statutes which may be prosecuted at any time if committed under violent circumstances. Investigative difficulties  or the seriousness of the crime seem to have provided the rationale for enlargement of the time limit for prosecuting these offenses beyond the five year standard.

There are two DNA provisions. One, 18 U.S.C. 3297, suspends any applicable statute of limitations for the time required to identify an individual when DNA evidence implicates his involvement in a felony offense. For more information on this click on this link.

But just like the sentencing guidelines are different for federal and state crimes, there are also statute of limitations differences.

In addition to informing you of these time limitations, I wanted to warn individuals if you have or had committed a crime and have moved away from that situation and time has gone by don’t think you have gotten away with it.  As noted above the prosecution can bring a charge depending on what the crime is.  You are the one who has to live with your conscious.

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3 comments on “Criminal Time!

  1. Jack Rombouts
    06/01/2015

    The federal a**hole prosecutor will bring a felony or misdemeanor charge at any time for any reason. Even if the statute of limitations has expired. It does not matter. They just make up the rules as they go along. And our law and order judges are noting but rubber stamps for the executive branch of government. As a result, statutory law now is supreme to constitutional law. This of course should not be the case. Our judges have long held that our constitution has out lived its usefulness. And if the max sentence for a crime is ten years, the judge can still give you life or any number of years on said count. Because our courts are nothing but kangaroo courts. We may as well let police and prosecutors be the judge, jury, and executioners. There is talk in congress about eliminating the right against double jeopardy as well. So, if a jury finds a defendant not guilty, the prosecutor can still retry the person on the same exact charge, in the same jurisdiction, as many times as it takes to get their desired guilty verdict. Congress and the states will soon take fingerprints and DNA at birth, and hand it over to the FBI’s massive databanks for storage. This is because police and prosecutors are too lazy to make a case against someone the honest way by legally establishing probable cause and getting a warrant for said identifiers. Also, government employees can do what ever they want and get away with it. It has been recently reported that millions of former and current fed workers have not paid their income tax in years. IRS lets them get away with it, because they are all fellow government workers. If it was a non government actor they would be in prison for decades. We need to kick out our politicians and judges and replace them with people who respect our constitution. They are the most terrible of all criminals! Same for law enforcement, tax collectors, regulatory agents, and power hungry thuggish prosecutors.

  2. Pingback: Forbidden News » Silver: U.S. Rule Of Law Unenforced For 5 Years ~ Statute If Limitation Ends Friday August 30, 2013

  3. Pingback: Silver: U.S. Rule Of Law Unenforced For 5 Years ~ Statute If Limitation Ends Friday August 30, 2013

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This entry was posted on 08/06/2013 by in Crime Knowledge and tagged , , , , , .

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