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Problems of Proof
Mar. 14th, 2006 12:49 pmQuick, where were you on March 12, 1991? Can you account for your whereabouts the whole day? If someone said you were lying, how would you prove them wrong?
That's why we have statutes of limitations. Because we think it is fundamentally unfair to make someone defend themself against accusations of things long enough ago that it's effectively impossible to actually mount a defense. Remember that, when people start talking about how they "tie the hands of prosecutors" or "protect criminals." They protect people from having to defend themselves from ancient accusations. This country's not supposed to believe that accusations make someone a criminal.
I'll be seriously annoyed if the Legislature caves on this one.
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On another topic entirely, a scenario.
New guy shows up in town. Goes to a store to buy a bed and some bedclothes, but doesn't have money for them, so asks if he can buy them on credit. Store owner guy says "no can do on the loan, but I tell you what, I've got a double bed, you can sleep with me tonight." The men continue to share a bed for four years, while writing journal entries and letters and stuff about their deep and abiding affection for each other and the life-long bond they have formed. Is that enough to convince you they're (probably) doing more than just sleeping?
Does it make a difference if New Guy had previously been interested in a young woman who died, and that he later goes on to get married?
Does it make a difference if this is happening in the 1830's?
( Where this one comes from. )
That's why we have statutes of limitations. Because we think it is fundamentally unfair to make someone defend themself against accusations of things long enough ago that it's effectively impossible to actually mount a defense. Remember that, when people start talking about how they "tie the hands of prosecutors" or "protect criminals." They protect people from having to defend themselves from ancient accusations. This country's not supposed to believe that accusations make someone a criminal.
I'll be seriously annoyed if the Legislature caves on this one.
-----------
On another topic entirely, a scenario.
New guy shows up in town. Goes to a store to buy a bed and some bedclothes, but doesn't have money for them, so asks if he can buy them on credit. Store owner guy says "no can do on the loan, but I tell you what, I've got a double bed, you can sleep with me tonight." The men continue to share a bed for four years, while writing journal entries and letters and stuff about their deep and abiding affection for each other and the life-long bond they have formed. Is that enough to convince you they're (probably) doing more than just sleeping?
Does it make a difference if New Guy had previously been interested in a young woman who died, and that he later goes on to get married?
Does it make a difference if this is happening in the 1830's?
( Where this one comes from. )
