Flack wrote:Statutes of limitation
(Which also apply to civil cases)
generally require the criminal to remain in the state,
In order that the state has jurisdiction over the person.
gainfully employed and visible,
Nope, just present in the state. Read the statutes on statute of limitation cases, the only requirement is that they remain within the jurisdiction of the state. In Oklahoma, for example, (
Okla. Statutes 22-152 ) the prosecution must take place (except for murder or treason, which have no limit) within 7, 5, or 3 years (depending on the crime) from the date of the offense. The time limit is tolled if the accused is out of the jurisdiction or not a resident of the state. If the accused can hide in the state - or simply is not noticed - for the period of time applicable until the time limit runs, they get off scot free and cannot be charged.
It appears that this notion is born out of a sense of mercy more than pragmatics:
Nope, the reason for statutes of limitations is to keep old and stale cases from clogging up the courts. Witnesses die or forget, evidence gets lost or decays (any of which may have meant the defendant potentially loses possible evidence that could lead to an acquittal, or possibly to mitigation, which might mean the accused gets convicted of a less serious crime) and for other than the absolute worst crimes - usually murder and treason - the concept of "diminishing returns" comes into play.
if the criminal is a fugitive, out of the state in which the crime was committed or otherwise living in hiding, this tolls, or suspends, the statute.
Nope, only nonresidence. Hiding within the state does not toll the statute.
Now in some states they've gotten around this by filing charges against an unidentified "John Doe" defendant, which then means the person, if found, can be added to the case as the actual defendant. As long as the state keeps doing something about the case it remains on the docket, presumably if the person is caught then they can try them.
Not all crimes are governed by statutes of limitation. Murder, for example, has none. Sex offenses with minors, crimes of violence, kidnapping, arson, and forgery have no statutes of limitation in a number of states.
Some states had the death penalty for child rape. In
Coker v. Georgia the U.S. Supreme Court nixed that idea, saying you can't impose death for a crime where the victim is still alive.
In Arizona and California crimes involving public money or public records have no statutes of limitation. While in Colorado, treason has none.
Treason and murder have no time limit in all 50 states and at the Federal level.
The Commonwealth of Virginia has no statute of limitations for any felony.