Statute of Limitations Legal Research

Statute of Limitations

LEGAL RESEARCH

SCENARIO

For the purpose of this assignment the writer assumes the role of one appointed by the governor of state 'x' for the purpose of this study to prepare a report on the question of: "Whether or not the statute of limitations should be extended in child sexual abuse cases. The governor is feeling pressure from vocal, well-organized constituents to lift the statute of limitations entirely in both criminal and civil cases. The constituents point out the problem that victims of these crimes often do not or cannot take action until they are already in their adulthood. Failure to hold these perpetrators responsible only assists in the furthering of their crimes and assault on children. This type of crime is one that is colored by the influence of a type of psychosis in the mental capacity of the offender and is one that perhaps even serving time in jail or prison might not necessarily be considered effective in ending their offenses. The writer has been appointed to provide an opinion to the governor based on the research of the opinions of other U.S. states. Emerging from preliminary research are several questions as follows: (1)1. Is extending the statute of limitations fair to the accused perpetrator? (2) What has been found constitutional? (3) Is the testimony of adults many years after an event in their childhood reliable? (4) How should the statute of limitations deal with adults who didn't remember the childhood abuse for years (or even decades) after it occurred? (5) What other methods are available, such as tolling the statute completely, or using the unsound mind theory? Demographics for state x includes a large percentage of the population that are members of the Catholic Church.. Recently, a number of catholic priests have been prosecuted on accusations of child sexual abuse. In other states, a number of priests have been accused, but not prosecuted, for similar crimes because the charges were so old. (6) Should state x follow suit? (7) Are these priests still liable civilly? (8) Even if there's no criminal liability. should state x pass legislation permitting civil suits? While this work in writing and the following opinion written for the governor of state 'x' in relation to sex offender statute of limitations will be based on the legal facts as stated in this scenario and will further be written with the governor's statement that the writer should remain aware that this is a touchy political subject and that the governor is running for re-election this year. When write your report to the governor, with your recommendations, be aware that this is an extremely touchy political subject, and the governor is running for re-election this year.

STATUTE OF LIMITATIONS

LEGAL RESEARCH

INTRODUCTION

The legal phrase: "Statute of Limitations' is one used in legal terminology to refer to the length of time allowed by law to enter into the court for settlement of a matter or prosecution of a crime. This amount of time varies dependent upon the legal issue's specific details. This research has been guided by exploration and research into the statute of limitations or the time allowed to criminally prosecute or for civil action to be taken against these offenders. The research herein is based on the laws of the separate U.S. states and the collective opinions of those states. Considerations for this opinion include the fact that those committing such heinous crimes against children are not known to simply stop committing these offenses and require punishment, treatment and sadly, in many cases lifetime-monitoring is necessary. Whether or not these laws should be relaxed in the case of catholic priest offenders is looked at in this research as to the general opinion of whether they should be held liable in a civil court for the commission of these offenses.

CRIIMINAL PROSECUTION OF SEXUAL OFFENDERS