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Man dies but lives... did he serve his life sentence?

Bodi

Bodi

Just waiting for my set...
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It's a silly argument that ignores the plain intent of laws imposing life sentences.

If you "die" but are brought back, you are once more alive. It's still the you that was sentenced.
 
Mr Person said:
It's a silly argument that ignores the plain intent of laws imposing life sentences.

If you "die" but are brought back, you are once more alive. It's still the you that was sentenced.
Click to expand...

It is an amusing argument but what does the guy have to lose? At least an article was written about it.
 
Bodhisattva said:
Murderer who briefly 'died' in hospital goes to court to claim he's served his life sentence | US News | Sky News

Man dies but lives... did he serve his life sentence?

[FONT="]A man serving life for murder claims he has served his sentence because he "died" during a medical emergency.[/FONT][/COLOR]
[COLOR=#4A4A4A][FONT="]A court has denied his request to be released, because if he can make such a plea, he must still be alive.[/FONT]
Click to expand...

:lamo This is you, right bod? I only ask, because the only person I know that would attempt a troll like this is you. Please stop murdering people, Bod... :lol:
 
What legal representation did he get?
 
I guess a question would be even if he were freed, would he have any rights.
Social security, no the person with that number died!
any property he might have owned, no the person who held that title died!
He would truly be a non person, even his citizenship would be non existent.
I do not see how he could split the hair, he is ether legally dead, or he is not.
 
Hmm... not many go to court to present their own death certificate. ;)
 
It reminds me of the legal theory in the movie double jeopardy which was totally wrong
 
OlNate said:
:lamo This is you, right bod? I only ask, because the only person I know that would attempt a troll like this is you. Please stop murdering people, Bod... :lol:
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But did he serve his "life sentence"? He was in prison until he died, after all.
 
EMNofSeattle said:
It reminds me of the legal theory in the movie double jeopardy which was totally wrong
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Yeah, that movie bugged me because of that... I tried explaining the error to a couple who loved it and thought it was so clever... I am not sure that they believed me.
 
Bodhisattva said:
Murderer who briefly 'died' in hospital goes to court to claim he's served his life sentence | US News | Sky News

Man dies but lives... did he serve his life sentence?

[FONT="]A man serving life for murder claims he has served his sentence because he "died" during a medical emergency.[/FONT][/COLOR]
[COLOR=#4A4A4A][FONT="]A court has denied his request to be released, because if he can make such a plea, he must still be alive.[/FONT]
Click to expand...

He didn't die. Doctors erroneously pronounced him dead.
 
Mr Person said:
It's a silly argument that ignores the plain intent of laws imposing life sentences.

If you "die" but are brought back, you are once more alive. It's still the you that was sentenced.
Click to expand...

And if, as a result, you got amnesia or some kind of brain damage, resulting in loss of identity and memories?
 
Bodhisattva said:
Murderer who briefly 'died' in hospital goes to court to claim he's served his life sentence | US News | Sky News

Man dies but lives... did he serve his life sentence?

[FONT="]A man serving life for murder claims he has served his sentence because he "died" during a medical emergency.[/FONT][/COLOR]
[COLOR=#4A4A4A][FONT="]A court has denied his request to be released, because if he can make such a plea, he must still be alive.[/FONT]
Click to expand...

Why waking up in a morgue isn’t quite as unusual as you’d think | Carla Valentine | Opinion | The Guardian
 
AProudLefty said:
How was it wrong? I'm curious.
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She presumes she cannot be prosecuted for murdering her ex husband because she was already wrongfully convicted for his murder.

It is wrong because the first murder was a totally different “crime” then if she commits the real murder.
 
EMNofSeattle said:
She presumes she cannot be prosecuted for murdering her ex husband because she was already wrongfully convicted for his murder.

It is wrong because the first murder was a totally different “crime” then if she commits the real murder.
Click to expand...

That's what I figured. But double jeopardy applies to the SAME crime. I.e. the same charge with the same victim, legally. The only way to charge her is to charge her with lesser crime.
 
EMNofSeattle said:
She presumes she cannot be prosecuted for murdering her ex husband because she was already wrongfully convicted for his murder.

It is wrong because the first murder was a totally different “crime” then if she commits the real murder.
Click to expand...

Oh I think I remember now. It was self-defense. So it's moot.
 
AProudLefty said:
And if, as a result, you got amnesia or some kind of brain damage, resulting in loss of identity and memories?
Click to expand...

Prisons tend not to give too much of a **** about mentally ill (whether it's a disease or brain damage as you mention) inmates. Something like 50% of inmates are, on average. I suppose if it were bad enough they'd just transfer the guy to a prison hospital, but they wouldn't let him go. I suppose he could beg the governor for some sort of compassionate commutation/pardon, but if it was that bad he'd still end up in a hospital of some sort.
 
Mr Person said:
Prisons tend not to give too much of a **** about mentally ill (whether it's a disease or brain damage as you mention) inmates. Something like 50% of inmates are, on average. I suppose if it were bad enough they'd just transfer the guy to a prison hospital, but they wouldn't let him go. I suppose he could beg the governor for some sort of compassionate commutation/pardon, but if it was that bad he'd still end up in a hospital of some sort.
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You were talking about personal identity. You are still you after you're back to life. With amnesia or brain damage, you are no longer you. There's legal precedence of such thing, especially when a crime was committed in a drunken stupor.
 
Mr Person said:
Prisons tend not to give too much of a **** about mentally ill (whether it's a disease or brain damage as you mention) inmates. Something like 50% of inmates are, on average. I suppose if it were bad enough they'd just transfer the guy to a prison hospital, but they wouldn't let him go. I suppose he could beg the governor for some sort of compassionate commutation/pardon, but if it was that bad he'd still end up in a hospital of some sort.
Click to expand...


Well I mean, defense attorneys for 50% of prisoners claim they’re mentally Ill and professionals who diagnose that kind of thing are just paid prostitutes. If you want mental illness you can have it.
 
AProudLefty said:
That's what I figured. But double jeopardy applies to the SAME crime. I.e. the same charge with the same victim, legally. The only way to charge her is to charge her with lesser crime.
Click to expand...

It wouldn’t be the same crime.

It would involve the same victim, but it would’ve occured in different dates, under different circumstances, etc. Plus the first conviction would’ve been vacated anyway.
 
EMNofSeattle said:
It wouldn’t be the same crime.

It would involve the same victim, but it would’ve occured in different dates, under different circumstances, etc. Plus the first conviction would’ve been vacated anyway.
Click to expand...

Hmm. Good point about the conviction being vacated. But then again there's the problem of already SERVING the sentence.
 
AmNat said:
He didn't die. Doctors erroneously pronounced him dead.
Click to expand...

If doctors pronounced him dead it is because he died...
 
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