ex: a person gets convicted of murder and becomes eligible for the death penalty, but suffers a fall causing brain death before sentencing; can he or she be sentenced to death?
2007-09-06 05:40:57 · 12 answers · asked by paris 2 in Politics & Government ➔ Law & Ethics
In my opinion, no law is broken, because the brain is already considered dead.
Do you or the taxpayers want to spend your hard earned money to keep a vegetable on life support breathing?
The brain dead person requires constant expansive care to basically keep the heart pumping,,,,,,for what reason?
Of course I don't think this is a political question, {governmental decision} it should be left up to the legal guardian, imho.
*********************************************************
2007-09-06 05:58:05 · answer #1 · answered by beesting 6 · 0⤊ 0⤋
In a strict legal sense, no, because the person doesn't have the capacity to understand the sentence. This begs the question of whether low IQ convicts deserve their punishments, since their conditons preclude any sort of full cognizance of the sentences.
2007-09-06 05:47:47 · answer #2 · answered by ponyboy 81 5 · 0⤊ 0⤋
I believe that during an NDE, the soul seperates from the body. The soul can contain all memories while not in the body. When it is in the body, it needs the brain so it can interact with this world. When the soul re enters the body after an NDE, it can bring a few memories back with it.
2016-05-22 17:58:00 · answer #3 · answered by ? 3 · 0⤊ 0⤋
What would be the point? Brain death is what defines death in most countries, you can't kill someone who is already dead.
2007-09-06 05:52:04 · answer #4 · answered by Tom 3 · 1⤊ 0⤋
Well....probably not....but a better solution would be to grant the person who is in the hospital, probably on life support, costing a million dollars a day....parole.
That way the state would not be liable for the hospital tab.
2007-09-06 05:50:49 · answer #5 · answered by malter 5 · 0⤊ 0⤋
The did with Terry Schivo, not quite the same, but a judge ordered her murdered. If you intentionally starve someone to death, that is murdered any way you look at it.
2007-09-06 05:46:14 · answer #6 · answered by Anonymous · 0⤊ 2⤋
If you want to get technical, sentencing is
part of the trial process.
If the accused is no longer competent to stand
trial, it's a mis-trial.
2007-09-06 08:45:48 · answer #7 · answered by Irv S 7 · 0⤊ 0⤋
NOPE. The sentence cannot be carried out unless the person is mentally healthy and is aware that he/she is to be executed.
2007-09-06 05:46:12 · answer #8 · answered by Kevy 7 · 0⤊ 0⤋
Probably in Texas. You never know who he might kill when he's brain-dead and locked up in prison.
2007-09-06 09:18:50 · answer #9 · answered by Hillary 6 · 0⤊ 0⤋
No,
The Supreme Court ruled that you have to be mentally aware and be able to understand why you are being executed.
2007-09-06 05:47:46 · answer #10 · answered by Chris 5 · 0⤊ 0⤋