Law/Murder/Statute of Limitations Question

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This is inspired by an episode of "Cold Case" I just watched. Let's say you kill someone when you were 12 but are not caught until you are 27. Could you actually serve jailtime? This doesn't make sense to me because if you had been caught at the time wouldn't you only go to jail until you're 18?

guyfawks, Monday, 20 June 2005 02:59 (twenty years ago)

There is no statute of limitations on murder.

Orbit (Orbit), Monday, 20 June 2005 03:01 (twenty years ago)

Are you sure? Where's Eisbar?

giboyeux (skowly), Monday, 20 June 2005 03:32 (twenty years ago)

Murder statutes in the USA are state laws. Therefore there would be 50 laws governeing the statute of limitations on murder. However, even with that qualification, I do believe that murder doesn't fall under the statute of limitations in any of the 50 states. It is considered too serious a crime to let anyone get away with at any time for any reason.

Aimless (Aimless), Monday, 20 June 2005 03:52 (twenty years ago)

Are you sure? Where's Eisbar?

i don't do criminal law. i despised criminal law, and i took the bar over 3 years ago!

that said -- i think that orbit and aimless are correct. then again, there is such a thing as prosecutorial discretion -- e.g., if you catch someone 50 years after they murdered someone, they may not prosecute if for no other reason b/c there may be no surviving witnesses, admissible evidence, age of the defendant, etc.

Eisbär (llamasfur), Monday, 20 June 2005 03:57 (twenty years ago)

and who did you kill, guyfawks?!? :-)

Eisbär (llamasfur), Monday, 20 June 2005 03:58 (twenty years ago)

there is such a thing as prosecutorial discretion

I am glad that this exists.

giboyeux (skowly), Monday, 20 June 2005 03:59 (twenty years ago)

Michael Skakel was initially arraigned as an juvenile during his murder trial. He was 41 when caught, but 15 when he allegedly committed the murder.

Pleasant Plains /// (Pleasant Plains ///), Monday, 20 June 2005 15:38 (twenty years ago)

sometimes people are tried as juveniles in cases like this

kyle (akmonday), Monday, 20 June 2005 15:46 (twenty years ago)

How does being tried as a juvenile work then? Do they use puppets in court to explain what happened?

C J (C J), Monday, 20 June 2005 15:49 (twenty years ago)

er, no, they just take the age of the defendant into consideration

kyle (akmonday), Monday, 20 June 2005 15:51 (twenty years ago)

(age at the time the murder was commited, that is).

actually I'm not sure this happens very often or at all. I may be making it up. but it sounds like it could happen.

kyle (akmonday), Monday, 20 June 2005 15:51 (twenty years ago)

I am disappointed now.

C J (C J), Monday, 20 June 2005 15:52 (twenty years ago)

That you didn't kill a guy when you were 12?

Pleasant Plains /// (Pleasant Plains ///), Monday, 20 June 2005 16:29 (twenty years ago)

Kyle, your random guess is actually correct in most cases. Thing is, it doesn't actually come up much.

Colin Meeder (Mert), Monday, 20 June 2005 17:45 (twenty years ago)


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