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Crimes that happened ages ago. Should we still prosecute?

(9 Posts)
Doodledog Mon 13-Jun-22 15:38:39

The idea of whether to prosecute someone for a crime they committed years ago has come up on another thread, and it's a question that has interested me since I read Blue Diary by Alice Hoffman ages ago.

In the book, a man commits a serious crime (rape and murder), but turns his life around, becoming a pillar of the community - part-time volunteer fireman, family man, baseball coach and all-round good egg.

Then his crime is discovered. If he is exposed, his wife and family (who know nothing of the crime) will lose everything, the community will lose a valuable member, and a man who is very different from the one he used to be will be punished.

I won't spoil the book for anyone who wants to read it, but the question has haunted me ever since. I suppose it asks about the nature of justice. Is it about retribution, prevention or rehabilitation? Hoffman doesn't shy away from the impact of any of this on the family of the victim (who is, of course, dead), and really explores the question from all sides.

The question came up on the other thread in connection with an adult to committed a crime as an 11 year old, and because of modern developments in DNA could now be found guilty as an adult. Should he still be tried, and if so, should it be as a child? If someone has already shown that they have rehabilitated, and shows no sign that they are likely to be a danger now, does it make sense to punish them for what happened decades ago? Would it be equivalent to punishing an adult who stole sweets when they were 7, and now understands that it was wrong?

I'm not sure what I think of a lot of this, as it's all so tangled in my mind.

Can anyone help me to disentangle it all?

Blossoming Mon 13-Jun-22 15:42:32

Stealing sweets is hardly on the same level as rape and murder. Of course he should be prosecuted. The fact that he has ‘turned his life around since’ may be offered in mitigation when sentencing.

Doodledog Mon 13-Jun-22 15:51:21

I'm thinking more in terms of the principle; but if the severity of the crime is important, against what level of crime should action be taken years later?

I believe that, for instance, war criminals should still be prosecuted, even if they are 99 years old. The message has to be that there is no escape from crimes of genocide, how ever much time has passed.

I am less sure about 'one-off' instances where someone has 'snapped' or given in to temptation, and shown no signs of being likely to reoffend - what would be the point?

On the other hand, there is no such thing as a victimless crime, so maybe there should always be attempts made to bring perpetrators to justice (which is, of course, why I brought in the sweets - not because there is any equivalence in severity)?

I don't see it as a simple matter at all.

Germanshepherdsmum Mon 13-Jun-22 15:54:17

I suppose if a member of my family had been killed by someone (maybe murdered, maybe the victim of a hit and run), I would want that person to face justice if they were ever found. Even if the perpetrator of the crime has since led an impeccable life I think the message has to be that if they are caught they must serve whatever sentence is considered by society, represented by the criminal justice system, to be appropriate. If the crime was committed by a child the sentence would take that into account.

Chestnut Mon 13-Jun-22 15:59:36

Then his crime is discovered. If he is exposed, his wife and family (who know nothing of the crime) will lose everything^
How can his crime be 'discovered' but not exposed? Who discovered it? Surely the discovery has exposed it.

Blossoming Mon 13-Jun-22 16:06:07

Rape and murder are seldom one-off instances though.

Doodledog Mon 13-Jun-22 16:11:37

Chestnut

Then his crime is discovered. If he is exposed, his wife and family (who know nothing of the crime) will lose everything^
How can his crime be 'discovered' but not exposed? Who discovered it? Surely the discovery has exposed it.

It was a fictional story, which I didn't want to spoil as the thread is more about the principle, but the clue is in the title smile. The crime was recorded in a diary which was discovered when a quarry was drained.

Doodledog Mon 13-Jun-22 16:18:38

Germanshepherdsmum

I suppose if a member of my family had been killed by someone (maybe murdered, maybe the victim of a hit and run), I would want that person to face justice if they were ever found. Even if the perpetrator of the crime has since led an impeccable life I think the message has to be that if they are caught they must serve whatever sentence is considered by society, represented by the criminal justice system, to be appropriate. If the crime was committed by a child the sentence would take that into account.

I think that this must underpin the punitive side of justice. Luckily, I have no experience of losing someone to crime, so don't know how I would feel - murderous, possibly.

I wonder if the law should be based on revenge, though? Is it not better to have a system based on what is likely to benefit society (by removing people who are a threat, deterring crime with the threat of punishment or whatever)?

Iam64 Mon 13-Jun-22 16:22:38

GSM’s post reflects some faith in our criminal justice system. My working life led me to have some confidence in our Courts and the people who work in them.
People can change but, only if they see the need and are committed to the process. I haven’t read enough about the man charged with the murder of Rikki Neeve but he seems to have led a decent life as an adult. Yes he should be prosecuted and the sentence reflect the fact he was a child when he killed and so far as is known, hasn’t led a violent criminal adult life.

I haven’t read the book - thanks for the recommendation doodle