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Statute of Limitations. #6776168
02/19/20 04:00 PM
02/19/20 04:00 PM
Joined: May 2009
Posts: 15,681
Champaign County, Ohio.
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KeithC Offline OP
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Lately there has been a lot of lawsuits, covered by the news, where the misdeeds that spawned the suit took place as long as 60 years in the past. In some cases the people who are being accused of the misdeeds have been dead for a long time, as long as 37 years. It seems unreasonable to me, if the defendant was known at the time of the supposed misdeed, to let the statue of limitations go past a few years. How can someone or an organization reasonably be expected to defend themselves over something that may have happened 60 years ago?

Recently, the Catholic Church, Ohio State, the University of Michigan, Bill Crosby, Harvey Weinstein and Boyscouts of America all have or had suits brought against them, that were very old. I am not saying that wrongs were not committed, just that it seems like the defendant, whether guilty or not, would have a hard time defending themself, after so much time has passed.

What should the statute of limitations reasonably be, when the defendant is known?

Keith

Re: Statute of Limitations. [Re: KeithC] #6776173
02/19/20 04:04 PM
02/19/20 04:04 PM
Joined: Dec 2006
Posts: 63,115
Minnesota
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I think its a crying shame when someone Commits a crime and then Gets away with it because of a technicality.


NRA and NTA Life Member
www.BackroadsRevised@etsy.com




Re: Statute of Limitations. [Re: KeithC] #6776209
02/19/20 04:14 PM
02/19/20 04:14 PM
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AK
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FairbanksLS Offline
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For a pedophile death is more than reasonable. And church coverups fall in the same category.


formerly posting as white dog
Re: Statute of Limitations. [Re: KeithC] #6776210
02/19/20 04:15 PM
02/19/20 04:15 PM
Joined: Oct 2009
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east central WI
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k snow Offline
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Parties responsible for a cover up should suffer the same penalty as the criminal guilty of the act itself.

Re: Statute of Limitations. [Re: k snow] #6776220
02/19/20 04:22 PM
02/19/20 04:22 PM
Joined: Mar 2012
Posts: 4,324
AK
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FairbanksLS Offline
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Originally Posted by k snow
Parties responsible for a cover up should suffer the same penalty as the criminal guilty of the act itself.


Worse. What kind of individual covers up a crime of that nature to save the institutions reputation.


formerly posting as white dog
Re: Statute of Limitations. [Re: KeithC] #6776222
02/19/20 04:24 PM
02/19/20 04:24 PM
Joined: Sep 2012
Posts: 7,240
West Michigan
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Getting There Offline
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I have to agree with ALL the above statements. JMO


To Old
U.S. Army 60-63 SGT.
Re: Statute of Limitations. [Re: KeithC] #6776288
02/19/20 04:45 PM
02/19/20 04:45 PM
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Beatrice, NE
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No statute of limitations, but the standard of proof has to be proof beyond a reasonable doubt. Obviously in old cases, it's pretty much he said-she said type situations, which most likely doesn't meet that burden of proof, and the benefit of the doubt has to go to the accused.

And anyone caught faking a crime/ knowing making a false report (a-la jussie smollet) should face the same punishment as someone would had they actually committed the fake crime.

Last edited by loosegoose; 02/19/20 04:45 PM.
Re: Statute of Limitations. [Re: KeithC] #6776289
02/19/20 04:45 PM
02/19/20 04:45 PM
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Iowa
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Why is there even a statute of limitations?

What difference does it make if they are well know?

Re: Statute of Limitations. [Re: KeithC] #6776293
02/19/20 04:46 PM
02/19/20 04:46 PM
Joined: Jul 2016
Posts: 3,928
NY
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Hate to say it, but it is all about THE MONEY!!! Boy Scouts filed for Bankruptcy and a bunch of Catholic Dioceses filed for Bankruptcy over the years ; because of all the lawsuits brought about after the coverups were exposed. Many of the people that caused that mess , are long dead. They can only sue the Organization , which, often offers pennies on the Dollar for the years of abuse. They split up the Organization into separate entities , making it often difficult to know which one to sue.


Now, they will get even less once the Bankruptcy goes through.

Re: Statute of Limitations. [Re: KeithC] #6776302
02/19/20 04:54 PM
02/19/20 04:54 PM
Joined: Dec 2010
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Central, SD
Law Dog Offline
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Send them Cuomo’s to that Cali prison so that guy they let have a cane can give them a welcome.


Was born in a Big City Will die in the Country OK with that!

Jerry Herbst
Re: Statute of Limitations. [Re: KeithC] #6776318
02/19/20 05:03 PM
02/19/20 05:03 PM
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MN
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If you have cancer from Asbestos 40 years after handling it should the company just be able to shrug and point to the statue of limitation?

Re: Statute of Limitations. [Re: KeithC] #6776320
02/19/20 05:05 PM
02/19/20 05:05 PM
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Green County Wisconsin
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GREENCOUNTYPETE Offline
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in Wisconsin other than murder that is never up the longest statute of limitations is sexual assault of a minor in which case the victim has till they turn 45 years of age to file.

learned this will working on a ordinance to set guide lines for police department records destruction.


America only has one issue, we have a Responsibility crisis and everything else stems from it.
Re: Statute of Limitations. [Re: KeithC] #6776322
02/19/20 05:06 PM
02/19/20 05:06 PM
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coastal ny
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Statute of limitations isn't for the "well known", it's a standard of the law, like no double jeopardy, witnessess can't give a reliable statement sometimes minutes after a crime, people lie, they don't want to get involved, etc.
Now imagine trying to get evidence, statements and proof 7 years or more later, it'd be a circus.
As much as you may not like it, there must be proof beyond a doubt before you can convict , and how do you prosecute an organization? who's the perpetrator?

Yes the crime is terrible, sometimes cases fall through the cracks, no system is perfect, doesn't mean you shouldn't try, but you must go by the law, not your feelings. Prosecuting an entire organization is just a money grab.

Re: Statute of Limitations. [Re: Donnersurvivor] #6776354
02/19/20 05:47 PM
02/19/20 05:47 PM
Joined: May 2009
Posts: 15,681
Champaign County, Ohio.
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KeithC Offline OP
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Originally Posted by Donnersurvivor
If you have cancer from Asbestos 40 years after handling it should the company just be able to shrug and point to the statue of limitation?


That is a totally different situation because you don't know you suffered harm until 40 years after the harm initially occurred. Where as if you're sexually assaulted as an adult, you probably almost always know it as its happening, unless drugs or something else impairs your judgment.

I think there should be a longer statute of limitations for children who were abused, because they may not understand what's happening until they are older. 60 years though seems excessive, especially when the accused has been dead for 37 years. There is no reasonable way to defend it in civil court.

Keith

Re: Statute of Limitations. [Re: gcs] #6776357
02/19/20 05:49 PM
02/19/20 05:49 PM
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Champaign County, Ohio.
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KeithC Offline OP
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Originally Posted by gcs
Statute of limitations isn't for the "well known", it's a standard of the law, like no double jeopardy, witnessess can't give a reliable statement sometimes minutes after a crime, people lie, they don't want to get involved, etc.
Now imagine trying to get evidence, statements and proof 7 years or more later, it'd be a circus.
As much as you may not like it, there must be proof beyond a doubt before you can convict , and how do you prosecute an organization? who's the perpetrator?

Yes the crime is terrible, sometimes cases fall through the cracks, no system is perfect, doesn't mean you shouldn't try, but you must go by the law, not your feelings. Prosecuting an entire organization is just a money grab.


If the organization took part in a cover up, or aided the misdeed, they should be liable for their part civilly.

If an organization took reasonable care and took no part, they should not be liable.

Keith

Re: Statute of Limitations. [Re: Law Dog] #6776365
02/19/20 05:59 PM
02/19/20 05:59 PM
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ny
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Originally Posted by Law Dog
Send them Cuomo’s to that Cali prison so that guy they let have a cane can give them a welcome.

I'm for that!


the wheels of the gods turn very slowly
Re: Statute of Limitations. [Re: loosegoose] #6776446
02/19/20 07:39 PM
02/19/20 07:39 PM
Joined: Feb 2007
Posts: 5,436
New York border
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New York border
Originally Posted by loosegoose
And anyone caught faking a crime/ knowing making a false report (a-la jussie smollet) should face the same punishment as someone would had they actually committed the fake crime.


Amen on that. There is a LOT of false rape/sexual assault claims lately.

I am all for protecting real victims , but the amount of false claims are just skyrocketing. This is why the 'Pence rule' has become part of our lingo.


NRA benefactor member
Re: Statute of Limitations. [Re: KeithC] #6777232
02/20/20 12:55 PM
02/20/20 12:55 PM
Joined: Mar 2012
Posts: 4,324
AK
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FairbanksLS Offline
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AK
The statue of limitations varies by type of crime and whether it is a criminal charge or civil proceeding. We have federal law and state law. One size does not fit all.

If someone doesn't want to get hit with a rape charge don't have sex with someone you don't know very well. Keep a consent form in your wallet for them to sign. Don't worry about getting it notarized.


formerly posting as white dog
Re: Statute of Limitations. [Re: KeithC] #6777240
02/20/20 01:04 PM
02/20/20 01:04 PM
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Posts: 15,725
MN, Land of 10,000 Lakes
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With the accuracy of DNA testing now. I don't think there should be any limitation set.


The difference between animals and humans is that animals would never let the dumbest ones lead the pack.
Re: Statute of Limitations. [Re: KeithC] #6777248
02/20/20 01:06 PM
02/20/20 01:06 PM
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MN
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I think a lot of this is being fueled by excessive monetary judgements and maybe that is a problem that should be looked at

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