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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2012

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Criminal Law

Northwestern Pritzker School of Law

Charged conduct approach

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Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles Apr 2012

Easing The Tension Between Statutes Of Limitations And The Continuing Offense Doctrine, Jeffrey R. Boles

Northwestern Journal of Law & Social Policy

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 postponing the completion of those crimes. 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 …