Year-and-a-day rule Murder

in common law jurisdictions, defendant accused of murder not guilty if victim survives longer 1 year , 1 day after attack. reflects likelihood if victim dies, other factors have contributed cause of death, breaking chain of causation; , means responsible person not have charge of murder hanging on head indefinitely . subject statute of limitations, accused still charged offence reflecting seriousness of initial assault.

with advances in modern medicine, countries have abandoned fixed time period , test causation on facts of case. known delayed death , cases applied or attempted applied go @ least 1966.

in england , wales, year-and-a-day rule abolished law reform (year , day rule) act 1996. however, if death occurs 3 years or more after original attack prosecution can take place attorney-general s approval.

in united states, many jurisdictions have abolished rule well. abolition of rule has been accomplished enactment of statutory criminal codes, had effect of displacing common-law definitions of crimes , corresponding defences. in 2001 supreme court of united states held retroactive application of state supreme court decision abolishing year-and-a-day rule did not violate ex post facto clause of article of united states constitution.

the potential effect of abolishing rule can seen in case of 74-year-old william barnes, charged murder of philadelphia police officer walter barkley, d shot 41 years before. barnes had served 16 years in prison attempting murder barkley, when policeman died on august 19, 2007, alleged complications of wounds suffered shooting - , barnes charged murder. acquitted on may 24, 2010.