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A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

nytimes.com

41–50 of 99 posts

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#41
post #16

Since it's Iowa, he should use Jesus Christ as precedent. Jesus died for the the sins of all mankind. His atonement was not reversed after the resurrection.

Please don't post flamebait to HN, especially not religious flamebait and regional flamebait.

We've had to warn you about this multiple times before. Please review https://news.ycombinator.com/newsguidelines.html and fix this.

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#42
post #16

Since it's Iowa, he should use Jesus Christ as precedent. Jesus died for the the sins of all mankind. His atonement was not reversed after the resurrection.

> Since it's Iowa, I don’t understand the connection you are trying to make.

The Bible Bench : The message from fundamentalists to state jurists is clear: Judge conservatively, lest ye not be a judge. https://www.motherjones.com/politics/2006/05/bible-bench/

Iowa Supreme Court takes a right turn under Gov. Reynolds https://apnews.com/357e55b3c4ca4432b8a460521f9034ff

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#43

If the court finds that he is dead, the prison should follow standard procedure and have the body buried or cremated immediately.

His argument is that he was serving a single life sentence and his "dying" means it was served. Lame, but he's probably got the time...

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#44
post #36

It seems to me that defining clinical death as the loss of heart beat and breathing is outdated and it should instead be defined as the cessation of higher brain activity.[1] Alternately, it seems to me like referring to that as death is playing semantics. It seems to me that the defining feature of death is that you cannot come back from it[2]. I'd be interested to hear other perspectives or if I might be overlookin…

re: your note 2, one might argue that secular laws have no particular business considering whether something was an act of god or not, and that a person who is alive at any given time is therefore, for legal purposes, considered to have never died in the first place.

> secular laws have no particular business considering whether something was an act of god or not

To be pedantic, you've almost certainly signed valid legal contracts that reference "Act of God" verbatim.

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#45
I'm currently reading the book "Fall, or Dodge in Hell" by Neal Stephenson. Speaking in general terms to avoid too many spoilers, there's a scene where it's strongly implied one character is responsible for the death of another. Both end up having their brains scanned and uploaded to a simulated afterlife. (The other dying of natural causes soon after.) Not addressed (at least, not yet) in the book, but something I couldn't help wondering, is how or should this crime be punished? Perhaps the killer shouldn't have been allowed to be uploaded, but that had already occurred.

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#46
post #37
post #4

Perhaps the easiest patch would be to make all life sentences “life plus 500 years”. Methuselah can work around it this way; it should cover everyone else...

That would be awfully rough on their cell mates.

Put them together. In the “Hole”. Problem solved :)

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#47
post #35
post #2

I'm not fully convinced the courts got this one completely right. This is a very interesting legal argument and lays emphasis on the need for legislators to express their intentions in writing more fully as opposed to writing laws with such loose and widely applicable terms such as "Life" without giving the term or their intent in using it more context. If, as the Judge argues, that "he did not legally die as his pre…

The US Constitution lays liberty and freedom at the heart of individual rights conferred upon people from God or a superior force. No. It does not. Go read it again.

Excuse me? I'm not sure if you're serious. Given you're the CTO at attentive, i'd expect a better attempt at a substantive argument while commenting on a public thread on HN.

The bill of rights, which is a part of the constitution clearly declares that rights are God given and any rights enshrined in that document does not take away from that.

I'd urge you to read the guidelines for HN :https://news.ycombinator.com/newsguidelines.html , specifically:

> Please don't post shallow dismissals, especially of other people's work. A good critical comment teaches us something.

> Be kind. Don't be snarky. Comments should get more thoughtful and substantive, not less, as a topic gets more divisive.

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#48
post #44
post #36

Earlier quoted context omitted.

re: your note 2, one might argue that secular laws have no particular business considering whether something was an act of god or not, and that a person who is alive at any given time is therefore, for legal purposes, considered to have never died in the first place.

> secular laws have no particular business considering whether something was an act of god or not To be pedantic, you've almost certainly signed valid legal contracts that reference "Act of God" verbatim.

IANAL but I believe that "Act of God" has a specific legal meaning in normal contracts that has nothing to do with religious miracles.

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#49
post #5

It’s the DNR that makes this one tricky. His lawyer should have made the argument that keeping him alive against his will instead of letting him die constitutes cruel and unusual punishment.

Even if he doesn't get release, I think he will have grounds for a substantial financial judgment. Obviously that's not very useful in prison.

Pretty sure money is useful in prison.

Re: A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence

#50
post #5

It’s the DNR that makes this one tricky. His lawyer should have made the argument that keeping him alive against his will instead of letting him die constitutes cruel and unusual punishment.

Even if he doesn't get release, I think he will have grounds for a substantial financial judgment. Obviously that's not very useful in prison.

On what grounds? He is serving a life sentence. He is in the custody of the correctional facility. They have every duty to keep him alive and healthy, up to the point of him expiring naturally.

Ridiculous logic games like this are a pretty good reason why excessive legalese is mocked in mainstream culture - because it is totally disconnected from reality and enthralled with their own existence.

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