Most states have enacted statutes, which limit the time in which crimes can be prosecuted. These time limits are referred to as "Statutes of Limitations." Once the statute of limitations has expired, it becomes an absolute bar to prosecution. Out of the fifty states in the nation, only two do not have a statute of limitations when it comes to criminal cases. South Carolina and Wyoming.
What is a Statute of Limitations?
A statute of limitation is a law that prevents a person or government agency in a criminal case from charging someone with a crime that was committed more than a certain period of time after the incident. The purpose of a statute of limitation is to make sure convictions occur only upon evidence that has not deteriorated with …show more content…
§§799 et seq. Colorado Code Section 16-5-401
What is tolling?
Statutes of limitations are designed to benefit the defendant. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit.
Sex crimes and DNA evidence
In recent years, there have been efforts to eliminate statutes of limitations for sex offenses generally and child sex offenses specifically. These movements are often based on the premise that victims have been hurt and scarred for a lifetime and criminals should not escape punishment. There are practical considerations, however, that complicate this approach.
Some states have no statute of limitations on felony offenses, no statute of limitations on sex offenses, no statute of limitations on child sex offenses or extended statute of limitations for sex offenses. Several states have also chosen to enact statutes which toll (extend) the statute of limitations based on DNA
What is a Statute of Limitations?
A statute of limitation is a law that prevents a person or government agency in a criminal case from charging someone with a crime that was committed more than a certain period of time after the incident. The purpose of a statute of limitation is to make sure convictions occur only upon evidence that has not deteriorated with …show more content…
§§799 et seq. Colorado Code Section 16-5-401
What is tolling?
Statutes of limitations are designed to benefit the defendant. A plaintiff, however, can prevent the dismissal of his action for untimeliness by seeking to toll the statute. When the statute is tolled, the running of the time period is suspended until some event specified by law takes place. Tolling provisions benefit a plaintiff by extending the time period in which he is permitted to bring suit.
Sex crimes and DNA evidence
In recent years, there have been efforts to eliminate statutes of limitations for sex offenses generally and child sex offenses specifically. These movements are often based on the premise that victims have been hurt and scarred for a lifetime and criminals should not escape punishment. There are practical considerations, however, that complicate this approach.
Some states have no statute of limitations on felony offenses, no statute of limitations on sex offenses, no statute of limitations on child sex offenses or extended statute of limitations for sex offenses. Several states have also chosen to enact statutes which toll (extend) the statute of limitations based on DNA