| Welcome Guest | Forum Search | Active Topics | Members | Log In | Register | |
|
|
Rank: Advanced Member
Joined: 3/7/2009 Posts: 6,296 Points: 18,450 Location: Inside Farlex computers
|
Year and a Day RuleThe year and a day rule was an English legal principle holding that a death could not be deemed murder—or any other form of homicide—if it occurred more than a year and one day after the act that was allegedly its cause. Though it became enshrined in common law, the rule was finally abolished in 1996. Now, if an act can be proved to have caused a death, it can constitute murder regardless of how much time has passed. In what other ways has the specific time limit of a year and a day been used? More...
|
|
 Rank: Advanced Member
Joined: 1/20/2010 Posts: 1,348 Points: 3,889 Location: CANADA - Toronto
|
This year and a day act just abolished in 1996? Are you saying that 'til recently there was a statute of limitation on murder/ I misunderstand this.
|
|
 Rank: Advanced Member
Joined: 3/16/2009 Posts: 1,361 Points: 3,625 Location: United States
|
It took me a little while to really understand this law also, but this is my understanding: It is not a statute of limitations on trying someone for murder, it is a statute of limitations on determining an act as a cause of death. So, let's say someone spikes my drink with poison, but I survive the episode, albeit with significant kidney damage. A year and two days later I drop dead. The coroner determines that the kidney damage was to blame for my death, and the damage was in turn caused by my consuming that poisoned drink a year and two days earlier. The bastard who poisoned me gets off scot-free (first time I've ever written that word or even seen it in writing, had to look that one up in the dictionary to make sure I got it right). Where this becomes relevant on a regular basis is in life support cases. For example, if a person is hit by a drunk driver and ends up brain dead but on life support for 3 years before ceasing to have a heartbeat, the drunk driver would apparently not be on the hook for murder.
|
|
 Rank: Advanced Member
Joined: 1/20/2010 Posts: 1,348 Points: 3,889 Location: CANADA - Toronto
|
MichalG - Thank you! I can understand now and 'a year and a day' is a good time limit.
|
|
 Rank: Advanced Member
Joined: 3/16/2009 Posts: 1,361 Points: 3,625 Location: United States
|
On the contrary, the year and a day rule seems arbitrary and poorly thought out. If it can be established that an action caused someone's death, it should not matter how much time has passed between action A and result B. Glad it was finally abolished.
|
|
Rank: Advanced Member
Joined: 6/2/2009 Posts: 2,662 Points: 8,085 Location: United States, Pacific Northwest
|
When the year and a day rule came into being under English Common Law, while arbitrary, it was probably not too far out of line. Medical support was, shall we say primitive? Most death from violent action probably did occur within a year and a day.
With greater current medical resources and knowledge, it is possible to first keep the victim alive longer, but second and more important, to more definitively provide the cause and effect link.
|
|
Rank: Advanced Member
Joined: 3/17/2009 Posts: 1,503 Points: 4,487 Location: United States
|
RuthP wrote:When the year and a day rule came into being under English Common Law, while arbitrary, it was probably not too far out of line. Medical support was, shall we say primitive? Most death from violent action probably did occur within a year and a day. A valid point, but I'm still surprised that it took until 1996 to finally abolish the law. It seems completely archaic in this age.
|
|
 Rank: Advanced Member
Joined: 1/20/2010 Posts: 1,348 Points: 3,889 Location: CANADA - Toronto
|
Just to be contrary, I still like the term 'a year and a day'. The day could be the difference between a misdemeanor or a felony.
|
|
|
Guest |