Getting Rid of the Statute of Limitations for Child Accusers
by: Abassos • March 24, 2011 • no comments
HB 3057, speeding through the current legislative session, would destroy the statute of limitations where the complainant alleges that the crime occurred when he or she was a child. This is one of those situations where the use of the word "victim" changes everything. If we assume that the accuser is a victim and that the defendant is guilty then it's a no-brainer: pass the bill. In fact, get rid of the statute of limitations entirely. Increasing convictions is the same as increasing convictions of actual perpetrators.
Of course, the problem is that if we assume that accusation is equivalent to guilt then we're missing the point of the criminal justice system: to separate those who are guilty from those who are innocent. The statute of limitations acknowledges that at some point, events become so old that the justice system's ability to distinguish between guilt and innocence is prohibitively weakened. Witnesses and evidence of either guilt or innocence are long gone and all that remains is one person's word against another. The statute of limitations is not new. The legal system has long recognized it's own limitations in this regard. What is new, however, is a whole lot of research that indicates that juries are really bad at judging credibility and deceit. It is in exactly these situations where innocent people are convicted. Lots of them.
On Monday morning, Bronson James will be on Think Out Loud to debate House Democratic Leader Dave Hunt on the merits of HB 3057. In addition to listening to what promises to be an interesting show, you can contribute your comments to the discussion in writing at Think Out Loud, or by calling in to the show.
