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Snarf's Unwarranted Repose- Lazy Law Explained Badly
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<blockquote data-quote="Ruin Explorer" data-source="post: 9445789" data-attributes="member: 18"><p>IN THEORY!!!</p><p></p><p>In reality an awful lot of SOLs have been inherently unfair in quite obviously grotesque ways. Typically by being excessively short (c.f. the Florida murder example you gave), such that a criminal merely needs to evade justice for a few years to get away with heinous crimes.</p><p></p><p>There's a particular issue in the UK at the moment, where a 1956 law put a 12-month (!!!!!!!!!) <em>de facto </em>SOL on 13-16-year old girls (not boys or younger girls, which leads to certain extremely creepy implications) reporting stat rape, and didn't get replaced for some years. The police and the CPS (the equivalent of US DAs/Prosecutors but not the equivalent of the USDA, that's DEFRA!) got around this for a while by charging people who committed historic offences with indecent assault, which didn't have an SOL, but our SC equivalent at the time (which had a lot of demonstrably "nonce-adjacent" people it in - purely in terms of friendships/social grouping, to be clear, just a little innocent observation!) stopped them, and said they had to prosecute under a law the SC knew would be ineffective, and so we're having some issues prosecuting cases even where the nonce in question has admitted said historical noncing to the police.</p><p></p><p>Britain is notable in that it doesn't have any general SOL for criminal cases, and this doesn't seem to cause major problems. Instead it's specific to the offence as to whether it has one. Civil cases generally do and I think are probably similar to US ones (equitable tolling also applies of course - when I did research for a shipping law firm discovering defects late came up a LOT as you can imagine!).</p></blockquote><p></p>
[QUOTE="Ruin Explorer, post: 9445789, member: 18"] IN THEORY!!! In reality an awful lot of SOLs have been inherently unfair in quite obviously grotesque ways. Typically by being excessively short (c.f. the Florida murder example you gave), such that a criminal merely needs to evade justice for a few years to get away with heinous crimes. There's a particular issue in the UK at the moment, where a 1956 law put a 12-month (!!!!!!!!!) [I]de facto [/I]SOL on 13-16-year old girls (not boys or younger girls, which leads to certain extremely creepy implications) reporting stat rape, and didn't get replaced for some years. The police and the CPS (the equivalent of US DAs/Prosecutors but not the equivalent of the USDA, that's DEFRA!) got around this for a while by charging people who committed historic offences with indecent assault, which didn't have an SOL, but our SC equivalent at the time (which had a lot of demonstrably "nonce-adjacent" people it in - purely in terms of friendships/social grouping, to be clear, just a little innocent observation!) stopped them, and said they had to prosecute under a law the SC knew would be ineffective, and so we're having some issues prosecuting cases even where the nonce in question has admitted said historical noncing to the police. Britain is notable in that it doesn't have any general SOL for criminal cases, and this doesn't seem to cause major problems. Instead it's specific to the offence as to whether it has one. Civil cases generally do and I think are probably similar to US ones (equitable tolling also applies of course - when I did research for a shipping law firm discovering defects late came up a LOT as you can imagine!). [/QUOTE]
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