What's the problem with this alternative, exactly? Some crimes already have no statute of limitations, and this hasn't caused the sky to fall.
What's the problem with this alternative, exactly? Some crimes already have no statute of limitations, and this hasn't caused the sky to fall.
It is inherently unfair and destabilizing if people can sit on alleged wrongs, violations of agreements, etc. indefinitely, either intentionally or because they were ignorant or negligent, and then raise those wrongs in the court system any time they choose to.
A statute of limitations basically says "take your rights and obligations seriously and when you have a dispute over them with another party, raise it in a reasonable amount of time or forever hold your peace".
2. Most people draw a line where it seems needlessly cruel to prosecute an old crime; an extreme example, should a middle-aged person with decades of good behavior live in fear of being prosecuted for a relatively small crime committed as a teenager? Conversely, if a person commits a crime as a teenager, shouldn't they have clemency if they stop committing crimes for a long time and become a good citizen? Most people prefer the outcome that people can put smaller mistakes behind them; they may debate where to draw the lines, of course.
- If you wait too long to pursue a case, then the reliability of evidence goes down, as people lose older records, memories fail, physical infrastructure is replaced, etc.
- Statutes of limitations diminish the ability of malicious accusers to pursue cases against their targets.
- Statutes of limitations also create a sense of finality to a situation; it prevents people from coming out of the woodwork to unsettle something settled 20 years ago.
- In general, the clock runs from when you first find out about an injury to when you can first take action do something about it. That action isn't necessarily to actually file a lawsuit; there are often many things you can do to pause or reset the clock before filing the lawsuit.
- They also incentivize people to pursue redress sooner rather than later, with the concomitant benefits of doing so.
- If it takes you, say, five years to figure out that you are really mad about being injured by somebody... why were you fine with it for five years? It really undercuts your argument about the seriousness of the injury to delay for so long.