Legal Opinion · Dissent

United States v. Tucker

U.S. Navy-Marine Corps Court of Military Review

Decided March 21, 1984No. NMCM 83 3830Published

1DissentMay, Judge

I dissent. The majority opinion in this case is an embarkation by this court into judicial rule-making.

Congressional Intent

Statutes of limitations in the view of most jurists, exist as policy limitations on the chronological reach of prosecutorial authority. They are not “loopholes” or “technicalities” through which the guilty are able to spring free of disciplinary sanctions. The determination by the legislators of criminal statutes, on the contrary, to so limit prosecution for specified categories of crime, is directed at properly burdening the government to bring to bear, within reasonable…

2Cases cited2 opinions

  1. United States v. DuBayUnited States Court of Military Appeals · 1967
  2. United States v. RiceU.S. Navy-Marine Corps Court of Military Review · 1982

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