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Statutes of Limitation in Federal Criminal Cases - An Overview (Paperback)
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Statutes of Limitation in Federal Criminal Cases - An Overview (Paperback)
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Loot Price R402
Discovery Miles 4 020
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A statute of limitations dictates the time period within which a
legal proceeding must begin. The purpose of a statute of
limitations in a criminal case is to ensure the prompt prosecution
of criminal charges and thereby spare the accused of the burden of
having to defend against stale charges after memories may have
faded or evidence is lost. There is no statute of limitations for
federal crimes punishable by death, nor for certain federal crimes
of terrorism, nor, since passage of the Adam Walsh Child Protection
and Safety Act (2006) (P.L. 109-248), for certain federal sex
offenses. Prosecution for most other federal crimes must begin
within five years of the commitment of the offense. There are
exceptions. Some types of crimes are subject to a longer period of
limitation; some circumstances suspend or extend the otherwise
applicable period of limitation. Arson, art theft, certain crimes
against financial institutions and various immigration offenses all
carry statutes of limitation longer than the five year standard.
Regardless of the applicable statute of limitations, the period may
be extended or the running of the period suspended or tolled under
a number of circumstances such as when the accused is a fugitive or
when the case involves charges of child abuse, bankruptcy, wartime
fraud against the government, or DNA evidence. Ordinarily, the
statute of limitations begins to run as soon as the crime has been
completed. Although the federal crime of conspiracy is complete
when one of the plotters commits an affirmative act in its name,
the period for conspiracies begins with the last affirmative act
committed in furtherance of the scheme. Other so-called continuing
offenses include various possession crimes and some that impose
continuing obligations to register or report. Limitation-related
constitutional challenges arise most often under the Constitution's
ex post facto and due process clauses. The federal courts have long
held that a statute of limitations may be enlarged retroactively as
long as the previously applicable period of limitation has not
expired. The Supreme Court recently confirmed that view; the ex
post facto proscription precludes legislative revival of an expired
period of limitation. Due process condemns pre-indictment delays
even when permitted by the statute of limitations if the
prosecution wrongfully caused the delay and the accused's defense
suffered actual, substantial harm as a consequence. A list of
federal statutes of limitation in criminal cases and a rough chart
of comparable state provisions are attached. This report is
available in an abbreviated form as CRS Report RS21121, Statutes of
Limitation in Federal Criminal Cases: A Sketch, without the
attachments, footnotes, or attributions to authority found here.
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