New Jersey
Related: About this forumN.J. Supreme Court upholds defendants' rights in case testing statutes of limitations in DNA crimes
Authorities have five years to prosecute crimes involving DNA evidence once they possess both physical evidence and a suspects DNA, the New Jersey Supreme Court ruled Thursday in a case testing state law on the statutes of limitations in crimes.
Any delays in lab testing or lack of clarity in official policies on DNA samples do not give the government more time to prosecute beyond what state statute permits, the court said in a unanimous opinion written by Justice Fabiana Pierre-Louis.
The ruling reverses the conviction of Bradley Thompson, who was convicted in a 2001 Camden County sexual assault 16 years after the assault, according to the ruling.
Police had DNA evidence from the victim within a day of the assault and collected a DNA sample from Thompson in an unrelated matter in 2004. But a federal database at the time had different policies then on what data was entered into the system, so no match was detected, according to the opinion.
Read more: https://newjerseymonitor.com/2022/06/02/n-j-supreme-court-upholds-defendants-rights-in-case-testing-statutes-of-limitations-in-dna-crimes/
3Hotdogs
(13,732 posts)I don't know if it still is the case but the only offense in N.J. for which there is (or maybe was) no statute of limitations was for parking meter violations.
Murder, sexual assault on an adult have no time limits, sexual assult on a minor has a limit of 5 years after the victim turns 18. The issue in this case is they officially pause the timing when there is DNA that hasn't been identified. So a case about procedure.
https://www.criminaldefenselawyer.com/criminal-case-statute-of-limitations/NJ-felonies-misdemeanors.htm