I legal issue that I don't know the answer to.
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Author Topic: I legal issue that I don't know the answer to.  (Read 45 times)
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« on: November 24, 2017, 04:51:46 pm »

There are statue of limitations on most crimes.  Typically, if the charges are not made within 3 years, the charges cannot be litigated.
One exception to that is murder.

I wonder about all these people who come up with allegations of sexual harassment 10,20.. 40 years after the alleged incidents.
On the one hand, these allegations can't be charged because of the statute of limitations.
On the other hand, how can the accused ever clear their name if the allegations are never litigated in court? 
I suppose that the accused could sue the accuser for libel, slander, defamation... and technically they should win, because the accuser did not properly make the allegations, and they can't go to court to make the allegations. 
But that is not how it works.   The law turns a blind eye to .. the law.. and  you get judges doing whatever the fuck they feel like doing. 

But.. even that is a problem.  consider that the accuser was 10 years old at the time of the sexual harassment.. The 10 year old could probably not make the allegation until the statute of limitations expired. 

I personally am no fan of a statute of limitations on anything.
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« Reply #1 on: November 25, 2017, 02:17:13 am »

there was an error posting this message.. this modification is an attempt to fix it.
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« Reply #2 on: November 25, 2017, 08:50:35 am »

Do you seriously want to be arrested at 35 or 50 for that piece of candy you shoplifted when you were 5? 

I support the current system where serious crimes, like murder, never go away.   
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« Reply #3 on: November 25, 2017, 10:12:20 am »

Do you seriously want to be arrested at 35 or 50 for that piece of candy you shoplifted when you were 5?  

I support the current system where serious crimes, like murder, never go away.    

You can't prove I stole that candy!   hehee

That would be covered by being a minor.  

Also.. the statute of limitations should never expire if the same crime is being committed. 
For instance, woman that lives about 1000 feet down the block has been a pain in the ass for ages. 
If she did harassed me 10 years ago, and then stopped, she should not be liable for what she did 10 years ago.  However, if she did something 10 years ago.. and did it again 8 years ago.. and again 6 years ago.. and again 1 year ago.. and again last week...   she should still be liable for what she did 10 years ago - because it is part of the same crime.    But then again... why burden the government with punishing her?  There are other ways to punish people.   
I sometimes mention a cop whose sister murdered someone on his behalf.  He knows that I know what his sister did, and why (mainly because she is NUTS!)   It has destroyed that cop's life to live with the burden of his guilt.  His health is horrible, he is not happy, and I am a recurring reminder of what he and his psycho sister did.  He only lives half a mile away.. and yet.. I almost never see him in any local stores or restaurants.  Whenever I do, he always get's very distressed.  He must drive long distances to shop at stores and go to restaurants where the odds of encountering me are very low. 
Another issue is that cops tend to burn out.  Being a cop is a dirty job.  You don't get to cherry pick what tasks you want to do..and a lot of what cops get stuck doing is morally and ethically reprehensible.  One simple example of that.. one cop I knew of in the New Orleans area of Louisiana quit because he couldn't stand being forced to stick them in nasty shelters or in prison or more commonly harass them so they would move to some other place.   Then there is the issue of having innocent people being punished.. .and guilty people getting off.  It gradually wears the tiny brains of a cop down.

====
This reminds me of something buried in the bible that I could never accept.  According to the bible, all sin is just as bad... so technically, if one takes the bible literally,  stealing a lollipop is just as bad as slaughtering 100 people.   Crazy!
« Last Edit: November 25, 2017, 10:42:52 am by (Hidden) » Logged


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« Reply #4 on: November 25, 2017, 11:12:22 am »

People change, so something they did 50 years ago doesn't mean it represents them now. 

Ok, let's leave "juvenile" alone and just look at "adults".    Let's assume that all crimes we're discussing happened on or after the 18th birthday.

As an example, when I was young, I used to get really, really drunk when out with friends.   As I aged, my drinking got less and less and for the last 10+ years, I barely drink.   We still have the bottle of wine the previous owner of this house gave us on completion. 

 
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« Reply #5 on: November 25, 2017, 01:48:03 pm »

People change, so something they did 50 years ago doesn't mean it represents them now. 

Ok, let's leave "juvenile" alone and just look at "adults".    Let's assume that all crimes we're discussing happened on or after the 18th birthday.

As an example, when I was young, I used to get really, really drunk when out with friends.   As I aged, my drinking got less and less and for the last 10+ years, I barely drink.   We still have the bottle of wine the previous owner of this house gave us on completion. 

 

Let me refine my response..  events of long ago should only be considered if they have current relevance. 
I also reminded myself that police and lawyers rarely get things right with CURRENT events... so the odds of them getting things right about events of long past events are slim or none. 
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« Reply #6 on: November 25, 2017, 04:09:09 pm »

I agree with that.
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