Death and the Law
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24-08-2013, 09:17 PM
Death and the Law
I was watching an old episode of Amazing Stories on Netflix recently. In it, a prisoner on death row (Patrick Swayze) is given the miraculous power to heal people after a freak accident during a prison escape attempt. After he is executed, all the people he helped in life lay hands on him and resurrect him back to life. Upon seeing the convict alive and well the warden of the prison wonders aloud "what do we do now?"

Death can only be declared by a medical doctor, at which time they issue a death certificate to the state dept if health declaring the individual deceased. Once this is done the person is, at least legally, dead.

But supposing a person was reanimated after this happened. I know this is very implausible. The electrochemical activity of the brain is currently impossible to restart once it ceases, it would require an organism wide repair and restoration of the cellular necropsy, etc. But suppose it happened or it could be done. What would the reanimated person's legal status be?

Since the person is legally dead but biologically alive and aware, it places them in a strange legal realm in that they don't exist. They have no means of identification, no family or next of kin, no property, no money. And, most of all no means to acquire any of the above.

In addition, as they don't legally exist, what are their rights? Are they still declared human? Would they have to develop a new identity with the state to acquire this?

Currently medicine cannot reverse death, but it's believed the day will come when it will.

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24-08-2013, 09:30 PM
RE: Death and the Law
It's an interesting question (leaving aside the one of whether bootstrapping a brain back into consciousness would result in the same consciousness, which is both a biological and philosophical question).

I would presume that upon sufficient proof of identity (through witnesses and personal information) a death certificate would be rescinded. We have some examples of death fraud to consider as comparisons, which would seem to be of interest here.

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24-08-2013, 11:03 PM
RE: Death and the Law
This is very similar to a presumed dead state, when people disappear, after some time they're presumed dead, so legally, they're dead. But if they come back then everything comes back to the state it was before the sentence that declared them dead, so aside of some property issues, there's not too much problem. http://en.wikipedia.org/wiki/Declared_death_in_absentia

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24-08-2013, 11:21 PM
RE: Death and the Law
(24-08-2013 09:17 PM)Carlo_The_Bugsmasher_Driver Wrote:  I was watching an old episode of Amazing Stories on Netflix recently. In it, a prisoner on death row (Patrick Swayze) is given the miraculous power to heal people after a freak accident during a prison escape attempt. After he is executed, all the people he helped in life lay hands on him and resurrect him back to life. Upon seeing the convict alive and well the warden of the prison wonders aloud "what do we do now?"

Death can only be declared by a medical doctor, at which time they issue a death certificate to the state dept if health declaring the individual deceased. Once this is done the person is, at least legally, dead.

But supposing a person was reanimated after this happened. I know this is very implausible. The electrochemical activity of the brain is currently impossible to restart once it ceases, it would require an organism wide repair and restoration of the cellular necropsy, etc. But suppose it happened or it could be done. What would the reanimated person's legal status be?

Since the person is legally dead but biologically alive and aware, it places them in a strange legal realm in that they don't exist. They have no means of identification, no family or next of kin, no property, no money. And, most of all no means to acquire any of the above.

In addition, as they don't legally exist, what are their rights? Are they still declared human? Would they have to develop a new identity with the state to acquire this?

Currently medicine cannot reverse death, but it's believed the day will come when it will.

I would imagine that capital punishment laws would be amended to include the word "permanently." Then, they'd just keep zapping the guy until he stayed dead.

Although, during electrocution the eyes tend to expand and burst, thus rendering the re-living blind, so there's that.

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25-08-2013, 02:15 PM
RE: Death and the Law
It might bring the guillotine back into fashion. Drinking Beverage

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09-10-2013, 02:23 PM
RE: Death and the Law
Life imitates my thesis.

http://www.cnn.com/2013/10/09/us/ohio-le...=allsearch

Living, breathing man will remain dead in the eyes of Ohio law

(CNN) -- An Ohio man who has been legally dead since 1994 will remain so in the eyes of the law after losing his complaint to overturn his death filing, according to authorities.

Donald Miller, 61, testified Monday that he disappeared in 1986 after losing his job, leaving behind a wife, two children and thousands of dollars of unpaid child support, according to James Hammer, the attorney for Miller's ex-wife, Robin Miller. He was declared legally dead eight years later.

Donald Miller said he returned to Ohio "around 2005" with no knowledge of his legal death, and that he had hoped to reestablish his Social Security number.

A legal statute in Ohio prevents changes to death rulings once three years have passed, Hammer told CNN, and Judge Allan Davis ruled accordingly in Hancock County Probate Court.

"In over 40 years, I've never come across a case like this," the judge told CNN.

"In the end though, because of the statute, it was a pretty open-and-shut case."

Hammer recounts that at the time of Donald Miller's legal death in 1994, he owed Robin Miller around $25,000 in child support, a matter which could have been complicated had the judge ruled in Donald Miller's favor on Monday. Following the 1994 ruling, Hammer said, Robin Miller began receiving Social Security death benefits to support her two children.
Judge Allan Davis, Hancock County Probate Court"There could have been the possibility that my client would have to pay back what she received from Social Security," Hammer said.

"We certainly did not want to open that door, so we're satisfied with the outcome."

Despite her relief at the court's ruling, Hammer says his client has no ill will toward her ex-husband.

Donald Miller's attorney was not immediately available for comment Wednesday. He still has 30 days to appeal the court's ruling, according Judge Davis.

"IN THRUST WE TRUST"

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09-10-2013, 03:17 PM
RE: Death and the Law
Wouldn't double jeopardy come into play?

You can only be punished for a crime once... so if you were brought back to life after execution, they'd have to let you go free.

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09-10-2013, 03:55 PM
RE: Death and the Law
(09-10-2013 03:17 PM)Paranoidsam Wrote:  Wouldn't double jeopardy come into play?

You can only be punished for a crime once... so if you were brought back to life after execution, they'd have to let you go free.

That's bee tried before. The Supreme Court has already ruled on this in Francis v Resweber

Death Sentences are carried out until the offender is dead. If they survive the initial attempt to execute them, the process is repeated until the condemned finally expires.

Coincidentally, this means that Jesus would have to be re-executed if he rose from the grave. But

1) Italy no longer has the death penalty and DEFINITELY would not use crucifixion to do so if it did.

2) Rome is no longer a sovereign nation with the power to enforce said archaic laws.

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09-10-2013, 05:49 PM
RE: Death and the Law
Let me sum up...


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09-10-2013, 07:08 PM
RE: Death and the Law
If this was going to be done, some time far into the future, I'm sure we would ponder the consequences before doing it.

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