Lets say that someone is sentence to life in prison. Years into the sentence, he gets a heart attack and a doctor "pronounces" him dead, only to find out he is still alive. Can a defense attorney challenge that his client has served his life in prison since he was pronounced dead? Or is this already covered in the books?
2007-04-28 10:05:41 · 6 answers · asked by kham83 1 in Politics & Government ➔ Law & Ethics
nope
2007-04-28 10:09:19 · answer #1 · answered by Anonymous · 0⤊ 0⤋
No...a life sentence is sometimes a presummed amount of time..say 35 years...and in other states it is just what it says you will never live another day outside of jail.
Put it like this for your argument to hold true the person would be dead...that means they no longer exist...and the ssn and all are no longer any good...so they are ineffect an illegal alien...with no place to go....back to jail with him.
Intriging thought though
2007-04-28 14:13:06 · answer #2 · answered by Dr. Luv 5 · 0⤊ 0⤋
No that wouldn't work. "Life" is prison doesn't mean just that. "Life" is actually a set number of years determined by the state in question. So, as long as there were still years left on the inmates sentence... he's staying behind bars.
2007-04-28 10:09:19 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If he is, in fact, still alive, the pronouncement means nothing. It is an error.
=
2007-04-28 10:10:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think a Judge would laugh at the notion -- excuse me, make him mad because it's quite creative thinking that won't fly.
2007-04-28 10:10:21 · answer #5 · answered by Red Ant 5 · 0⤊ 0⤋
No such luck! Doesn't count.
2007-04-28 10:15:38 · answer #6 · answered by Anonymous · 0⤊ 0⤋