FAQ About Cold Cases and Breakthroughs

Reopening cold cases can sometimes be subject to legal limitations or barriers. These can vary depending on the jurisdiction and specific circumstances of the case. Here are some common legal considerations that may impact the reopening of cold cases:

• Statute of limitations: The statute of limitations sets a time limit within which criminal charges must be filed. Once the statute of limitations has expired, it may prevent the prosecution of certain crimes, unless exceptions apply, such as in cases of murder or other serious offenses where there is no statute of limitations. Reopening a cold case may require considering the applicability of the statute of limitations and whether any exceptions can be invoked.
• Double jeopardy: The principle of double jeopardy protects individuals from being tried for the same offense twice. Once a person has been acquitted or convicted of a crime, reopening the case and pursuing charges for the same offense may be prohibited under double jeopardy protections. However, there are exceptions to this principle, such as the discovery of new evidence or newly committed crimes that are separate from the original offense.
• Preservation of evidence: Over time, evidence in cold cases may deteriorate, get lost, or become unavailable due to various reasons. The ability to reopen a cold case may depend on the availability and condition of evidence. If crucial evidence has been destroyed or is no longer available, it may pose significant challenges to reopening the case.
• Witness availability and credibility: Witnesses play a vital role in cold case investigations. However, witness availability can be a challenge, especially after many years have passed. Witnesses may have passed away, moved, or their memories may have faded. Additionally, witness credibility may be a concern as people's recollections can change over time or be influenced by external factors.
• Resource allocation: Reopening a cold case requires allocation of resources, including personnel, time, and funding. Law enforcement agencies need to balance the demands of reopening cold cases with the ongoing investigation of current cases and other priorities. Limited resources may impact the feasibility and prioritization of reopening specific cold cases.
• Procedural changes: Legal and procedural changes over time may affect the reopening of cold cases. For example, changes in evidentiary standards, forensic techniques, or legal requirements for obtaining search warrants or conducting surveillance may impact the feasibility and approach to reopening a case.