While it may seem unfair to forbid prosecution of crimes that law enforcement can later prove to a standard required by law (< em > cf .</ em >, e. g. beyond a reasonable doubt, clear and convincing evidence, and preponderance of the evidence ), the purpose of a statute of limitations or its equivalent is to ensure that the possibility of punishment for an act committed long ago cannot give rise to either a person's incarceration or the criminal justice system's activation.

In arguing before the Supreme Court, Gitlow contended that " the statute as construed and applied by the trial court penalize the mere utterance, as such, of ' doctrine ' having no quality of incitement, without regard to the circumstances of its utterance or to the likelihood of the unlawful sequences " While acknowledging " liberty of expression ' is not absolute ,'" he maintained " it may be restrained ' only in instances where its exercise bears a causal relation with some substantive evil, consummated, attempted or likely '" As the statute took no account of the circumstances under which the offending literature was written, it violated the First Amendment.

While the statute ( 35 USC § 101 ) virtually poses no limits to patenting whatsoever, courts have decided in binding precedents that abstract ideas, natural phenomena and laws of nature are not patentable.

While translating stadia into modern units of distance is problematic, as an ancient stadium could measure anywhere from about 157 to around 211 meters, it is generally thought that the stadium used by Posidonius was almost exactly 1 / 10 of a modern statute mile, near the middle of the ancient range.

While United States federal statute defines paraphernalia with the concept of primary use, in practice this can be interpreted to be what the individual was currently primarily using the item for, allowing for common items to be treated as paraphernalia only in cases where more clear evidence allows such determination of primary use.

While governor, he vetoed several bills that would have re-established capital punishment in New York State ( the death penalty was in fact reinstated by Pataki the year after he defeated Cuomo in the 1994 election, although it was never put into effect and its statute declared unconstitutional by the New York Court of Appeals in 2004 ).

While it then fell into disuse, it did retain some theoretical powers, most importantly, the power to ratify elections of the top-ranking Roman Magistrates ( Consuls and Praetors ) by passing the statute that gave them their legal command authority, the lex curiata de imperio.

While these authorities were granted by statute during the US-led occupation and again from 1975, they could be unilaterally revoked by the Diet of Japan ; similar measures against other municipalities would require a constitutional amendment.

While at home, he finishes the complaint for the case he has been assigned and then brings it to his office, leaving instructions for his assistants to file the complaint in court on the following day, which marks the end of the statute of limitations for the case.

While the statute seemingly excluded from these record-keeping requirements anyone who is involved in activity that " does not involve hiring, contracting for, managing, or otherwise arranging for, the participation of the performers depicted ," the Department of Justice ( DOJ ) defined an entirely new class of producers known as " secondary producers.

While pacta conventa comprised only the personal undertakings of the king-elect, the Henrician Articles were a permanent statute that all king-elects had to swear to respect.

While the development of competition law stalled in Europe during the late 19th century, in 1889 Canada enacted what is considered the first competition statute of modern times.

" While Roberts did argue before the Supreme Court that a 19th-century statute directed against the Ku Klux Klan did not apply to those protesting outside abortion clinics, the case in question occurred almost seven years before the bombing pictured in the ad and was entirely unrelated to clinic bombings.

While the statute specifically states one of the forbidden bands as 150 to 160 MHz, most two meter transceivers can tune into this portion of the spectrum at least as receivers, and are therefore unlawful to mount in a motor vehicle in Los Angeles County.

While arrest rarely happens, the statute is still on the books.

While the FCPA's five-year statute of limitations appeared to bar prosecution under that statute, falsified financial statements in the years since could be seen as obstruction of justice under the Sarbanes-Oxley Act, and acts taken to conceal the bribery investigation subsequent to 2007 could constitute conspiracy.

While the Act requires that the original unfair labor practice be filed within six months, there is no comparable statute of limitations for issuance of a complaint.

While freely admitting that it is apparent that the enforcement of the Alien Land Laws in this case resulted in abridgement of equal protection afforded to Fred Oyama by his status as an American citizen, the Court ’ s opinion rendered by Vinson does not go so far as to rule on – or, in fact, even address – the constitutionality of the statute.

While accessing personal email accounts without authorization constitutes a federal crime, current DOJ interpretation of this statute following the decision in Theofel v. Farey-Jones is that perpetrators may only be prosecuted for reading ' unopened ' emails.

While the decision was widely reported as a 4-3 split, the differences between the Justices on the Court were on whether only the provision of civil marriage rights to same-sex couples would resolve the constitutional defect, or whether another change in statute would pass constitutional scrutiny.

* Jurisprudence While French judges, in the civil law tradition, do not create law, and thus there is no precedent or case law properly said, they may interpret existing statute law, as well as generic principles derived from the French Constitution and the Declaration of the Rights of Man and of the Citizen.

While there, he was accused of engaging in illegal political activities, but was acquitted under a statute of limitations.

While Greek fire remained a potent weapon, its limitations were significant when compared to more traditional forms of artillery: in its siphon-deployed version, it had a limited range, and it could be used safely only in a calm sea and with favourable wind conditions.

While on the surface it appears the broker represents the buyer ( not the insurance company ), and typically counsels the buyer on appropriate coverage and policy limitations, in the vast majority of cases a broker's compensation comes in the form of a commission as a percentage of the insurance premium, creating a conflict of interest in that the broker's financial interest is tilted towards encouraging an insured to purchase more insurance than might be necessary at a higher price.

While metals do not have some of the advantages displayed by silicon in terms of mechanical properties, when used within their limitations, metals can exhibit very high degrees of reliability.

Bloch wrote some 500 reviews of German books and articles, While promoting the importance of German historiography and admiring its scholarly rigor, he repeatedly criticized its nationalism and methodological limitations.

While multi-drop " work-arounds " have been devised, they have limitations in speed and compatibility.

While the law did not secure religious freedom, and while it included severe limitations, it was nonetheless a significant milestone.

While work has been done since the 1960s on robot " rovers " to explore the Moon and other worlds in the Solar system, such machines have limitations.

While the technology has its limitations, studies have demonstrated that patients with continuous sensors experience less hyperglycemia and also reduce their glycosylated hemoglobin levels.

While still studying under Egami, he created his own research group which, as well as including karate practitioners, included others who had abandoned it as being too severe and unsparing, and also people with physical limitations.

While the state of Missouri granted the right to award the MD degree, he remained dissatisfied with the limitations of conventional medicine and instead chose to retain the distinction of the DO degree.

While it is possible to modify the properties of drug substances ~ by particle engineering, this is usually outside the scope of the formulator, an I the formulation must be designed to accommodate the limitations imposed by the drug substance.

While reorganization discussions had occurred earlier, software limitations prevented the adoption of a consistent organizational scheme.

While it is true that kinescopes did look inferior to live transmissions in the 1950s, it was due to the industry's technical limitations at that time.

While DBMS vendors debate the relative merits of their favored designs, some companies and researchers question the inherent limitations of relational database management systems.

While Darby's " sailboard " incorporated a pivoting rig, it was " square rigged " and suffered all the associated limitations.

While the American Academy of Pediatrics discourages private banking except in the case of existing medical need, it also says that information about the potential benefits and limitations of cord blood banking and transplantation should be provided so that parents can make an informed decision.

While in modern Chinese culture, such limitations for females no longer exist, the day, which also marks the end of Lunar New Year celebrations, is still lightly observed in some Chinese regions.

While unimodal biometric systems are limited by the integrity of their identifier, it is unlikely that several unimodal systems will suffer from identical limitations.

While it was written entirely from scratch, it retained some of the design limitations of MacWrite Pro.

While not commonly used, they completely avoid the problems associated with travelling-curtain shutters such as flash synchronisation limitations and image distortions when the object is moving.

While the same fidelity limitations of the Optigan applied to the Orchestron, these instruments were built to be more reliable and were used successfully in commercial recordings.

While the theories developed at Carnegie Mellon clearly filled some theoretical gaps in the discipline, March and Simon did not propose a certain organizational form that they considered especially feasible for coping with cognitive limitations and bounded rationality of decision-makers.