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Normally, a statute of limitations begins to run on the date when the offense is completed. See Toussie v. United States, 397 U.S. 112 (1970). Some offenses, by their nature, have attributes of nonfinality and are called continuing offenses. For example, possession-of-contraband offenses are continuing offenses.
- ABSTRACT
- INTRODUCTION
- CONCLUSION
This Article is the first to analyze comprehensively the relationship between the continuing offense doctrine and criminal statutes of limitations. The continuing offense doctrine is a powerful tool for prosecutors who face statute of limitations challenges. It functions to delay the running of statutes of limitations for certain crimes by postponi...
Imagine that the local United States Attorney’s Office charges a defendant investor with one count of securities fraud for allegedly executing fraudulent trades as part of a securities fraud scheme. Imagine also that the defendant argues, in a motion to dismiss, that the statute of limitations prohibits prosecution because the defendant’s alleged c...
Criminal statutes of limitations serve important public interests, including protecting the accused against stale criminal charges, motivating law officials to gather fresh evidence and issue timely notice of any accusations, and providing relief to the judiciary from adjudicating long-abandoned crimes. Enacted by the legislature, the statutes are ...
- Jeffrey R. Boles
- 2012
A continuing offense is a “breach of the criminal law . . . which subsists for a definite period” or consists of numerous similar occurrences. State v. Manning, 139 N.C. App. 454, 467 (2000), aff’d per curiam, 353 N.C. 449 (2001). Drug trafficking, kidnapping, and failure to pay child support are examples of continuing offenses. If any ...
Principles appropriate in the “classically simple” lesser-included-offense and related situations are not readily transposable to “multilayered conduct” governed by the law of conspiracy and continuing criminal enterprise, and it remains the law that “a substantive crime and a conspiracy to commit that crime are not the ‘same ...
In order to trigger the operation of the doctrine, a court must conclude that a particular crime is a “continuing offense” for statute of limitations purposes. Identifying what crimes are continuing offenses has been a problematic exercise for federal courts, leading to a growing number of conflicting approaches and circuit splits.
May 30, 2012 · In order to trigger the operation of the doctrine, a court must conclude that a particular crime is a “continuing offense” for statute of limitations purposes. Identifying what crimes are continuing offenses has been a problematic exercise for federal courts, leading to a growing number of conflicting approaches and circuit splits.
Jun 28, 1993 · Having concluded that the offense of cohabitation was a "continuous" one, "extending over the whole period, including the time when the adultery was alleged to have been committed," id., at 187, the Court then considered the question whether double jeopardy applies where a defendant is first convicted of a continuing offense and then indicted ...
