Year-and-a-day-rule
In criminal law, the Year-and-a-day-rule is (still in a few countries) a common law principle which says the death must occur within one year and one day of the act or omission alleged to cause the death in order for the death to constitute murder. This common law principle arose from the difficulty of determining cause of death after an extended period of time. Therefore, if the death occurred afterwards it was conclusively presumed not to be murder.
With the great advances made by medical sciences, the successful intervention of doctors prolonged the life of the victim and this prevented murder prosecutions.
In the United States this rule was not incorporated into de Model Penal Code and has been abolished by most states. However, the rule’s common law status has been successfully used by defendants to overturn convictions, for example in 2003.(1)
Jurisdictions where the Rule has never applied
The following countries are listed in the Report on the Year and a Day Rule in Homicide with the observation that “the rule has never applied”:(2)
- Austria
- France
- Germany
- Greece
- Italy
- Poland
- Scotland
- South Africa
Jurisdictions where the Rule has been abolished
- England and Wales
- Ireland
- Hong Kong
Notes
- State v. Picotte, 2003 Wisc. 42, ¶ 35 (2003). Summarized in “Supreme Court Digest: Homicide – Year-and-a-Day Rule Abrogated”. Wisconsin Lawyer (Madison, Wisconsin: State Bar of Wisconsin) 76 (7). July 2003.
- Report on the Year and a Day Rule in Homicide, The Law Reform Commission of Hong Kong, June 1997
See Also
- Statute of limitations
- Rogers v. Tennessee, 532 U.S. 451 (2001)
- N.J.S.A. 2C:11-2.1
Further Reading
- Perkins & Boyce, Criminal Law 47-48
- Report on the Year and a Day Rule in Homicide, The Law Reform Commission of Hong Kong, June 1997
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