Statute of Limitations Legal Research Term Paper

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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

Differing opinions exist among the states of the U.S. As to the statute of limitations or the length of time after the commission of the crime of a sexual offense has occurred.

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For instance the state of Alabama state code states that no period of limitations exists for prosecuting this offense or in other words that there is no statute of limitation placed by rule of court as to how long the state has to seek prosecution against a sexual offender. [Kirby v. State, 500 So.2d 79 (1986); as cited by the NCSL, 2006] In comparison the state of Alaska states the statute of limitations to be a period of ten (10) years following this specific offense. (Alaska Statute 12.10.01) Differing again Kansas states a five (5) year statute of limitations in sexual assault cases. (KSA 21-3106) Virginia agrees with the former state that there is no statute of limitations on criminal prosecution of sexual offenses. The state of Delaware allows for prosecution of any class 'A' felony to be commenced "at any time." (NCSL, 2006) Just as in the state of Alabama the state of Connecticut has no 'statute' that limits the length of time allowed for seeking prosecution of this type of crime. (NCSL, 2006) Indiana, Kentucky and Louisiana all agree that there is no bar to seeking legal relief through the criminal court venue.....

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