Explain how geographical jurisdiction and the statute of limitations restrict the power of the trial court in criminal cases

Question

What will be an ideal response?

Answer 1

The defense can have charges dismissed if the court does not have geographical jurisdiction or if the statute of limitations has run. The role of geographical jurisdiction is to keep criminal proceedings at the local level. The crime must occur within the court's geographical boundaries. In our electronic age, crimes may stretch across many jurisdictions, but to have the authority to try a case the judicial district must be in some way involved. The legislature establishes the boundaries and enacts rules for determining where a multi-jurisdictional crime should be tried.
The statute of limitations place a time limit on when charges may be filed. The limits are enacted by the legislature and in most cases are related to the seriousness of the offense. Most states have a few crimes, such as murder, with no statute of limitations, i.e., they can be filed at any time. In effect, the statute of limitations is a policy decision regarding how long charges are allowed to remain pending against a person. The courts cannot make these policies independent of the legislature. Retroactively extending the limitations after they expire is a form of ex post facto law and is prohibited by the Constitution.