Discussion 3 – Assignment Example
Statute of Limitation Discussions Patricia Buckingham The very successfully describes and defines what a statute of limitations is and how it operates in our system of law. She makes an important distinction between serious and less serious crimes and how the length of the limitation may be different for each one. An important consideration which she glosses over, however, is that the limitation period does not necessarily begin when the crime is done. In some cases it begins when the damage is discovered. There is also the possibility of lengthening the limitation period at the discretion of a judge if you can show a good reason to do so. The writers opinion about a limitation period for homicide is sound. Homicide is a terrible crime and should have no limitation period. We must protect life in all of its forms.
This writer clearly defines and describes the terms. It is important to note that limitation period exist not only for civil actions but also for criminal actions. Both can be stopped if too much time has elapsed in the interim. The writer makes an excellent point about one of the key reasons for limitation periods and why public policy supports them. We want our justice system to work in a timely fashion. We do not want prosecutors to sit on evidence and wait for an expeditious time to act on it. That would prejudice the system. One of the requirements for justice is that is be sure and swift. Not have limitation periods would make things deeply uncertain and allow too much power in the hands of prosecutors. The writer thinks that homicide should have a limitation period. This is an interesting opinion but one not clearly supported by facts.