Preview

Statute of Limitations: A Historical Perspective

Better Essays
Open Document
Open Document
1508 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Statute of Limitations: A Historical Perspective
STATUE OF LIMITATIONS

CRJC 222-01 Community Based Corrections
AQuenum

Goings 1

 This research examines the concept of the statute of limitations from a historical perspective. The research will set forth the origins of the concept in Western culture and its evolution from Roman to English law, and then discuss major features of its transfer and application in the American legal system, with a view toward identifying how it was viewed by various legal authorities in the US and various uses to which it has been put. The concept of the statute of limitations is deceptively simple. In the popular mind, the term refers to the amount of time during which a plaintiff may pursue a cause of civil action in court or, in criminal law, the amount of time that must elapse before a defendant is legally excused from the criminal liability associated with a crime. It is of course a truism of television courtroom drama (and the law, as it happens) that there is no statute of limitations on murder. But as will become clearer in the course of this report, the principal concern of the concept of the statute of limitations has always been connected far more to property and its ownership than to responsibility and its ownership. Their primary function is to set out a maximum time limit in which the prosecutor or plaintiff can present a case against the accused and proceed to trial, ensuring that trials and cases commence in a timely action.

Goings 2

Unless agreed to by both the plaintiff and defendant otherwise, as outlined in a statute in section 786 of the Code, no person can be charged with a summary conviction offence after six months, with the time period beginning “on the date of accrual of the cause of action” (Williams 7). There is a certain restriction concerning the use of the statute of limitation on criminal offences in Canada – it can only be applied to summary conviction offences, and not indictable offences. In the Canadian



References: Florida Legislature. (2008). Statutes and constitution: online sunshine. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0095/Sec11.HTM Free Advice Limitations, statute of. (2008). In Encyclopedia Britannica. Retrieved March 21, 2008, from Encyclopedia Britannica Online: http://www.britannica.com/eb/article-9048306 Rinkle, Ralph The Oyez Project, Lawrence v. Florida, 549 U.S. ___ (2007),available at: (last visited Friday, March 21, 2008).

You May Also Find These Documents Helpful

  • Better Essays

    References: Schmalleger, F., Hall, D. E., & Dolatowski, J. J. (2010). Criminal Law Today: An introduction with…

    • 1042 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Bert and Jack Scenario

    • 945 Words
    • 3 Pages

    This essay will look at the case of Jack, who was charged with the attempted murder on Bert, and the subsequent dismissal of the charge. The difference between an incomplete and a complete attempt will be discussed along with the impossibility defense. The length that a defense attorney should morally and ethically go to in order to provide an adequate defense for their client will also be looked at.…

    • 945 Words
    • 3 Pages
    Good Essays
  • Good Essays

    As a victim, one is entitled to certain rights. Despite the fact that some of the rights are universal, others are only awarded by a jurisdiction. For instance, the State of Georgia has its own set of special rights that are accorded to any victim. As such, it is vital for every individual to understand what these rights entail in order to make sure that they receive fair and just treatment in case they ever find themselves in a scenario that warrants the exercise of such rights. The paper shall delve into the victim’s rights in the state of Georgia and how they impact any criminal law proceedings.…

    • 913 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    This paper will locate two cases that discuss various types of criminal defenses. The two choices are: (1) The Jeffrey Dahmer Case, and (2) State v. Fisher Involuntary Manslaughter Case. The two cases analysis in which this paper identifies and examines the types of criminal defenses that were used. This paper will also explain the nature and types of defenses used in the cases and what evidence was used to demonstrate the defense. This paper will describe how justification and excuse play a role in the cases. This paper will also describe the outcome of each case.…

    • 2165 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Rebellion of 1837

    • 1028 Words
    • 5 Pages

    Historiography: Definitions; Valid and Invalid Interpretations and Frames of Reference; Fact and Opinion; Role of Historian; Sources of Historical Information; Primary and Secondary Sources; Why study History?…

    • 1028 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    Statutes Law written by federal and state legislatures. They become effective upon signature of the president (federal) or governor (state). Statues of limitations Federal and state laws prescribing the maximum period of time during which various types of civil actions nd criminal prosecutions can be brought after the occurrence of the injury or offense.…

    • 700 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Bonsigmore, J. (2006). Before the Law; An Introduction to the Legal Process. New York: Houghton Mifflin Company.</p>…

    • 1489 Words
    • 4 Pages
    Better Essays
  • Powerful Essays

    The Robbins Collections School of Law University of California at Berkley. (n.d.). The Common Law and Civil Law Traditions. Retrieved from http://www.berkley.edu…

    • 1862 Words
    • 5 Pages
    Powerful Essays
  • Good Essays

    The most dramatic developments in the Criminal Justice system during the late 20th Century were the revolution of the sentencing system. Prior to the sentencing reforms of 1984, most of the 20th century federal sentencing was largely based on rehabilitative model where sentencing was indeterminate. By the 1970s, the traditional sentencing system came under increasing attack as public interest in the criminal justice system prompted “crime research boom time” (Nagel, 1990; Wilkins, 1987). The concerns manifested to a policy reform focusing on retribution, deterrence and incapacitation as means of getting tough on crime and.…

    • 354 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Court History and Purpose

    • 745 Words
    • 3 Pages

    The court plays a very critical role in American Criminal Justice. Without the development of courts, those who violate the law would face no penalty and would commit crimes and walk free. In this paper I will evaluate and examine the American Criminal court system. I will describe the court and the purpose that it serves as so I will also define the dual court system. I will also describe the role that early legal codes, the common law and the precedent played in the development of courts.…

    • 745 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Search and Seizure

    • 1445 Words
    • 6 Pages

    State v. Pearson, 234 Kan. 906, 631 P.2d 605 (1984); Schneckloth v. Bustamonte, 412. Thompson v Louisiana 469 US 17 (1984).S. 218, 225-26, 93 S.Ct. 2041, 36 L.Ed.2d,…

    • 1445 Words
    • 6 Pages
    Better Essays
  • Better Essays

    When it comes to the criminal process, it typically ends when a defendant is found not guilty. However, in retrospect, it does not end whenever a defendant is found guilty, and that is for three primary reasons: 1) the accused must be sentenced; 2) the accused can and often does appeal their conviction; and 3) in the event that the accused’s appeal fails to succeed, the U.S. Constitution provides for them the right to habeas corpus, which is a method of challenging the constitutionality of one’s confinement (Worrall, 2010). However, for the basis of this article, the focus will be placed on issues relating to generalized sentencing as well as the impact of the controversial subject of sentencing guidelines.…

    • 1416 Words
    • 6 Pages
    Better Essays
  • Satisfactory Essays

    Of course, no length of time is per se too long to pass scrutiny under this principle nor the accused is called upon to show the actual prejudice by delay of disposal of cases. On the other hand, the Court has to adopt a balancing approach by taking note of the possible prejudices and disadvantages to be suffered by the accused by avoidable delay and to determine whether the accused in a criminal proceeding has been deprived of his right of having speedy trial with unreasonable delay which could be identified by the factors,—(1) length of delay; (2) the justification for the delay; (3) the accused’s assertion of his right to speedy trial; and (4) prejudice caused to the accused by such delay. However, the fact of delay is dependent on the circumstances…

    • 179 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Civil Rights

    • 1045 Words
    • 5 Pages

    403 U.S. 217; 91 S. Ct. 1940; 29 L. Ed. 2d 438; 1971 U.S. LEXIS 27…

    • 1045 Words
    • 5 Pages
    Powerful Essays
  • Best Essays

    Criminal Sentencing

    • 3708 Words
    • 15 Pages

    Neubauer, D. W., & Fradella, H. F. (2010). America 's Courts and the Criminal Justice System (10th ed.). Belmont, CA: Wadsworth.…

    • 3708 Words
    • 15 Pages
    Best Essays