2006-08-29 16:16:19 · 5 answers · asked by carl c 1 in Politics & Government ➔ Law & Ethics
i don't think so since the punishment was never served...
2006-08-29 18:00:11 · answer #1 · answered by bluedanube69 5 · 0⤊ 0⤋
The only arguement I could see is due process, and that is if the DA's office has the indictment but has not filed procedings to begin a trial. If the person were say missing or unaccounted for the 10 yrs and arrested after 10 yrs on a warrent then obviously due process would not apply.
It should also be noted that states differ on statute of limitation laws for different offences. Murder for most states is no limit while others still hold a 25 year limit.
2006-08-29 23:25:46 · answer #2 · answered by Answerkeeper 4 · 0⤊ 0⤋
It depends on what the statute of limitations is. In some states it may be as long as 15 years. And in many states, it is tolled (paused, delayed) if the defendant fled the jurisdiction.
But if the statute is lower than 10 years, and it has passed, then that's the way the criminal justice system works.
2006-08-29 23:25:21 · answer #3 · answered by coragryph 7 · 0⤊ 0⤋
I certainly hope not. I could understand if the criem was petty theft or something, but kidnapping? That's a huge felony and should not be excused by the statute of limitations. This person should remain under indictment until (or if) proven innocent.
2006-08-29 23:21:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
There is none! However, if the person stayed in state, and they never found him, and he wasn't hiding, I don't think they could prosecute him for it violates the constitutions requirement of a speedy trail! Also depends on the circumstances. Kidnapping is a serious crime!
If he went out of state to escape prosecution, not much help as this person was a fugitive!
2006-08-29 23:22:27 · answer #5 · answered by cantcu 7 · 0⤊ 0⤋