Source: lawandcrime.com 7/30/24
Robert Sylvester Kelly, the R&B singer better known as R. Kelly, is looking to overturn his Illinois federal convictions for child pornography and the sexual abuse of teenage girls by making the case to the U.S. Supreme Court that Congress, when extending the statute of limitations on such offenses in 2003, did not “expressly” intend to retroactively punish him for conduct going back to the 1990s.
Ultimately, it is better to let 1,000 guilty people walk away, then fraudulently convict 1. Retroactively extending the Statutes of Limitations back to include crimes he may have committed far enough in the past he could not be charged for them without the extension, is fraudulent IMO. Based on the behaviors described in his convictions, and accusations of additional behaviors for which he was not convicted, he is a tempting candidate for an exception to this rule. However, once you start making exceptions, this rule will quickly become meaningless.
Accusations, no matter how old, instantly become charges with instant convictions in the Court of Public Opinion, if nowhere else. Then it’s just a Hop, Skip and a few million Tweets away from instant “Presumption of Guilt Registration”! It’s “Not punishment”, so no need for a Conviction, just a (Popular) Presumption of Guilt, even if found “Not guilty” in a Court of Law! You think America wouldn’t throw Kelly (Woody/Cosby/ Lauer/Spacey/Singer/Clinton/Franken/Gaetz/Thomas/Kavanaugh/Trump/etc) on the Registry if they could by Popular Decree? None of them? I do.
They have made other retroactive actions regarding this related topic, why would they stop now?
I don’t know about everyone else on the court, but Justice Thomas likely wants to know if the man can sing for his billionaire donors, so they can shower more lavish gifts onto the supreme court judge
The bottom line is the legislature cannot enact laws and apply them retroactively because the Constitution explicitly forbids it.