The statues of limitations appeared in America in the seventeenth century. In particular, the federal government adopted time limits for the prosecution of the majority of federal crimes (Gardner & Anderson, 2011). At the end of the eighteenth century most of the states adopted statutes of limitation for the majority of crimes as well (Gardner & Anderson, 2011). The main purpose of statutes of limitations is to prevent situations when individuals have to defend themselves against charges when basic the establishment of basic facts is difficult or even impossible due to the passage of time (Gardner & Anderson, 2011). Another purpose of statutes of limitations is to minimize the punishment for acts committed in far past. In general statute of limitations allow longer time period for prosecution of serious crimes, e.g. felonies. The period for prosecution of less serious crimes, e.g. misdemeanors, is usually shorter (Gardner & Anderson, 2011).
Personally I agree with statute of limitations concept. Indeed, with the passage of time many facts become blurred. By this reason prosecution and trial for a crime committed many years ago may lack objectivity. Without objectivity it is difficult or even impossible to establish justice. The prosecution for criminal offense is one of the ways to establish justice. However, since in cases of far-past crimes it is not feasible to establish real justice, there is no sense in prosecution.
I also agree that such serious crimes as a homicide should not be subject to statutes of limitations. The point is that this crime represents a violation of a fundamental human right – the right to life. There is no doubt that such a violation should be investigated even if many years have passed. In this way, society, represented by official bodies, shows that there can be no tolerance for a violation of right to life. Establishment of time limits for prosecution of a homicide would substantially diminish the value of right to life. Naturally, such a situation is unacceptable.
References:
Gardner, T.J. & Anderson, T.M. (2011). Criminal law. 11th ed. Cengage Learing.
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