Reputed Klansman\'s conviction overturned in 1964 deaths *(CNN) 9/10/08 -- A fed

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Reputed Klansman's conviction overturned in 1964 deaths *(CNN) 9/10/08 -- A federal appeals court overturned the kidnapping conviction of a reputed Klansman in connection with the 1964 deaths of two black teenagers in Mississippi. James Ford Seale, a former sheriff's deputy, was convicted in June 2007 of kidnapping and conspiracy to commit kidnapping in the disappearances of Charles Eddie Moore and Henry Hezekiah Dee, both 19. On Tuesday, a three-judge panel from the Fifth Circuit Court of Appeals sided with Seale's claim that he should have never been tried in connection with the teens' deaths because a five-year statute of limitations on kidnapping-related offenses had expired. "The more than 40-year delay clearly exceeded the limitations period," Judge Harold DeVoss wrote in the panel's ruling. "While we are mindful of the seriousness of the crimes at issue, we cannot abdicate our duty to faithfully apply a valid limitations period." The ruling brought a surprise turn to a case that the FBI once trumpeted as an example of its efforts to close cold cases from the civil rights era. "Today's indictment is one example of the FBI's strong and ongoing commitment to reexamining and investigating unsolved civil rights era murders and other crimes," FBI Director Robert S. Mueller said after Seale's indictment was announced in January 2007. "Under our Cold Case Initiative, we will continue to identify and pursue these cases of racially motivated violence to ensure justice is served wherever possible." Seale was not tried for murder, but prosecutors alleged he and fellow Klansmen conspired to abduct, beat and murder Dee and Moore in May 1964. An indictment accused the Seale and his cohorts of picking up the two men hitchhiking and driving them into the Homochito National Forest in Franklin County, Mississippi, where the teenagers were beaten and interrogated at gunpoint. Dee and Moore were then bound with duct tape, weighted down by an engine block and railroad rail. They were still alive when they were thrown into the Old Mississippi River, according to the Federal Bureau of Investigation. Their decomposed bodies were found two months later during a search for three missing civil rights workers that would later be known as the Mississippi Burning case. Seale and another man, Charles Edwards, were arrested in the slayings in 1964, but released on bond and never tried. The FBI turned the case over to local authorities, and the case was dropped after a justice of the peace said witnesses had refused to testify. The cold case was revived in 2007 when Moore's brother discovered Seale was still alive during a visit to Franklin County to help research the case for a Canadian Broadcasting Corporation documentary. Thomas Moore told CNN in January 2007 that he gave the U.S. attorney for the Southern District of Mississippi FBI files on the case, which he had obtained from a Mississippi reporter. U.S. Attorney Dunn Lampton helped form a task force that led to Seale's indictment. Seale was the first and only person convicted in the Moore and Dee murders, the Justice Department said. Since then, other notable cold cases from the civil rights era have also gone to trial. In 2005, Edgar Ray Killen was convicted of manslaughter for his role in the Mississippi Burning case. Postscript: The three-judge panel's decision was later overturned and Seale's conviction reinstated by the full Fifth Circuit court. See https://en.wikipedia.org/wiki/James_Ford_Seale Definition of Statute of Limitations: A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations are a fundamental part of European and U.S. law. These statutes, which apply to both civil and criminal actions, are designed to prevent fraudulent and stale claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses. The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. Therefore, the defendant must plead the defense before the court upon answering the plaintiff's complaint. If the defendant does not do so, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings. Statutes of limitations are enacted by the legislature, which may either extend or reduce the time limits, subject to certain restrictions. A court cannot extend the time period unless the statute provides such authority. With respect to civil lawsuits, a statute must afford a reasonable period in which an action can be brought. A statute of limitations is unconstitutional if it immediately curtails an existing remedy or provides so little time that it deprives an individual of a reasonable opportunity to start a lawsuit. Depending upon the state statute, the parties themselves may either shorten or extend the prescribed time period by agreement, such as a provision in a contract. Assignment: Using the internet or any other sources you might find, read up on the pros and cons of statutes of limitations in both civil and criminal cases. After doing so, answer the following questions. 1. Do you agree with statutes of limitations in civil cases? Why or why not? Be specific in your explanation. 2. Do you agree with statutes of limitations in criminal cases? Why or why not? Be specific in your explanation. References: 1. To see the full text of the legal opinion written by U.S.Court of Appeals for the Fifth Circuit (a federal appeals court) in U.S. v. James Ford Seale, go to http://www.ca5.uscourts.gov/opinions/pub/07/07-60732-CR0.wpd.pdf 2. The CNN article of 9/10/08, reprinted here, is found at http://www.cnn.com/2008/CRIME/09/09/conviction.overturned/?iref=mpstoryview

Explanation / Answer

Justice delayed is Justice denied.

This holds true in this case as the convicted ones clearly used the loop holes of laws, which again brings us to the point of contention whether or not we need more stringent laws or probably amdending the existing laws to close the loop holes.

Lets look at the pros and cons of statue of limitations based on which we will ascertain if statue of limitations is abused in this case.

Pros:

Statutes of limitations encourage people to sue when memories are fresh

Cons:

Some people, such as those who are misdiagnosed, may not learn of malpractice until it's too late for them to sue. Crooked defendants may try and negotiate with a plaintiff until the statute of limitations has expired and the plaintiff can no longer sue.  

Source : http://www.whatistortreform.com/2005/01/statute_of_limi.html

Now, when one looks at these pros and cons, how many apply statue of limitations to their benefit?

In this case, the damage is already done when a few kids were murdered, who have every right to live. But, in 2007, the accused, used the limitations of this law and escaped a definite punishment.

In civil or in criminal cases, statue of limitations rule should be scrapped and there should be a fair justice to all.

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