z

Young Writers Society


Statute of Limitations for Cases



User avatar
54 Reviews



Gender: Female
Points: 3205
Reviews: 54
Sat Jun 16, 2018 6:47 pm
shaniac says...



I'm trying to figure out a stature of limitation for my novel and it is basically figuring out the timeline of when someone can bring in the suspect and have the police arrest the suspect. The thing is though I was thinking that the paperwork detailing the case is thrown away "accidentally", but I don't know if that would work if there is a stature of limitations for the case.

What is typically the stature of limitations for a case and can throwing away evidence affect the stature?

Thanks again!
Last edited by shaniac on Sun Jun 17, 2018 1:21 am, edited 1 time in total.
Shaniac starter kit: you must be fond of wind, squeaky shoes, and moldy bread.

You're like the Flash but in reading - @scribbleinks

The hardest thing about growing up is the ground.
  





User avatar
425 Reviews



Gender: Gendervague he/she/they
Points: 50
Reviews: 425
Sat Jun 16, 2018 6:54 pm
View Likes
Vervain says...



The statute of limitations depends on the type of crime that's been committed and the country/state in which the criminal and victim live.

Quoting Wikipedia ("Statute of limitations, United States") - "Crimes considered heinous by society have no statute of limitations. Although there is usually no statute of limitations for murder (particularly first-degree murder), judges have been known to dismiss murder charges in cold cases if they feel the delay violates the defendant's right to a speedy trial."

There's a lot more legal jargon in that article that I personally don't quite understand, but I searched up a couple of quick resources for you!

Criminal Statutes of Limitations in the 50 States of the US
Legal Dictionary "statute of limitations"

I can't speak for throwing away evidence (which iirc is in itself a very serious crime), but if you're talking murder here (which I think you are ;D) then you're probably looking at a very loose time limit of "forever" unless the court rules it was a suicide, accidental death, etc.

Good luck!
stay off the faerie paths
  





User avatar
1272 Reviews



Gender: Other
Points: 89625
Reviews: 1272
Sat Jun 16, 2018 7:08 pm
View Likes
Rosendorn says...



Throwing away evidence also depends on the type of crime— for example, it is legal in all 50 states to throw away rape kits before they have been DNA tested, and there's no procedure to test them in a timely fashion.

You also have to account for who is investigating whom. Internal investigations are notoriously not going to show up any mishandling, because usually if evidence is mishandled there's somebody not that meticulous in the squad, and local lawyers/politicians who could investigate are hesitant to investigate their friends and colleagues.

Also, evidence can/is thrown out for cleaning purposes all the time, especially on cold cases. You need to have some stubborn people involved to keep the case open and not have evidence, particularly bulky evidence, thrown out.

If you told us what type of crime it is, how old it is, and what type of evidence it is, we could give you a better idea of how it would be handled.
A writer is a world trapped in a person— Victor Hugo

Ink is blood. Paper is bandages. The wounded press books to their heart to know they're not alone.
  





User avatar
54 Reviews



Gender: Female
Points: 3205
Reviews: 54
Sat Jun 16, 2018 8:06 pm
shaniac says...



Thank you both for your answers!

The type of crime that is being committed is accidentally murder. The person who is killed, Benjamin Marcos, was tricked by the Fredrick Damon, who was supposedly going to be killed and then disappears the night of the murder. The year when Ben was killed is around 1997 by Patsy Storkhill, who is 19 at the time. There have been several suspects in that time frame (ranging from small-town crooks to bigger and known killers) but they were all found not guilty. The evidence that was found on the scene was the bullet that broke a window and stabbing wounds on Ben's body. There were also reports of two men that seemed oddly suspicious around the time of the murder by several eyewitnesses.

The case still reminds open after 31 years with no clear suspect.

Though, Patsy's granddaughter, Ronnie Storkhill discovers the case and decides to try to solve it (since it is unsolved).

Rewording the question a bit but what would the stature be for a 31-year-old case and how would it be treated?
Shaniac starter kit: you must be fond of wind, squeaky shoes, and moldy bread.

You're like the Flash but in reading - @scribbleinks

The hardest thing about growing up is the ground.
  





User avatar
1220 Reviews



Gender: None specified
Points: 72525
Reviews: 1220
Sat Jun 16, 2018 11:14 pm
View Likes
Kale says...



1) It's spelled "statute".

2) There is no statute of limitations for murder.

As for how it would be treated, 31 years is a long time for a case without any evidence to remain active and open. What likely would happen is, after the lack of evidence was established and all the suspects wound up as dead ends, the case would be buried under the flow of the detective's newer cases. Unsolved murders technically remain open cases for so long as they have a detective attached, and detectives rarely drop cases. If the original detective retired, maybe occasionally a rookie detective would be told to look at the case and see if they could find some new leads, or there'd be an innovation in forensics that the lead detective would pursue, but otherwise, unless the detective in charge of the case is incredibly dedicated, the case will likely fade away until some new piece of evidence or witness testimony crops up that brings the case back to the forefront of the detective's attentions.

If you want a real-life example of a cold case that was eventually solved through several detectives' decades-long dedication and advances in technology, the Green River Killer is worth looking up.
Secretly a Kyllorac, sometimes a Murtle.
There are no chickens in Hyrule.
Princessence: A LMS Project
WRFF | KotGR
  





User avatar
54 Reviews



Gender: Female
Points: 3205
Reviews: 54
Sun Jun 17, 2018 1:38 am
shaniac says...



Thank you for your answer, @Kale! I will definitely look into the Green River Killer and I have to create a detective character who is dedicated to the case, as you mentioned.
Shaniac starter kit: you must be fond of wind, squeaky shoes, and moldy bread.

You're like the Flash but in reading - @scribbleinks

The hardest thing about growing up is the ground.
  





User avatar
1272 Reviews



Gender: Other
Points: 89625
Reviews: 1272
Sun Jun 17, 2018 2:04 am
View Likes
Rosendorn says...



You also have to consider the potential of a cold case unit being brought in and/or founded, if there are a lot of outstanding cold cases in the department. That happens as cities and departments get bigger (and there are more and more murders that have fallen by the wayside) and/or if the department feels a deep shame at the unsolved murders and needs people dedicated to not-new cases instead of the new cases coming along their desks.

If the department already had a cold case unit, then they would likely revisit the case every few years as new technology becomes available, as many of these cases are broken open by technology.

The thing to consider is the bullet is potentially going to be rendered worthless as evidence over the years, depending on how the gun was stored. Ballistics is a fairly solid science (matching the lands and grooves on the bullets to the gun that fired it) unless the gun was tampered with and/or is so corroded you can't test fire the gun.

Stab wounds are unlikely to be considered evidence, unless they managed to find the knife as well and recover DNA from the handle, but the knife would have to be preserved in a way that allowed the DNA to survive (a paper evidence bag, instead of plastic).

Footwear impressions are another type of evidence they might gather (either in person or through crime scene photographs— which can easily be thrown out). Same with any foreign hairs on the body, should there have been a struggle. Any blood the killer left behind at the scene, because stabbings are prone to having the killer cut themselves as blood gets on the knife handle and their hand slips down on it.

I'd strongly suggest looking at the types of things left behind during an inexperienced kill so you know what type of forensic evidence to have Patsy leave behind.
A writer is a world trapped in a person— Victor Hugo

Ink is blood. Paper is bandages. The wounded press books to their heart to know they're not alone.
  








You unlock this door with the key of imagination. Beyond it is another dimension: a dimension of sound, a dimension of sight, a dimension of mind. You’re moving into a land of both shadow and substance, of things and ideas. You’ve just crossed over into… the Twilight Zone.
— Rod Serling