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Old 11-08-2019, 05:00 AM
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iowa prisoner dies for a few seconds and was revive says he completed life sentence court disagrees


heres the story.....https://www.msn.com/en-us/news/crime...iZN?li=BBnbfcL

I guess ya can't blame a guy for trying but if he had the DNR and his family said not to bring him back I think he can win a separate lawsuit .... dont know what hed gain from it tho ......
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Old 11-08-2019, 05:37 AM
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There's a Da Vinci's Inquest episode about that same topic. Available on youtube. Season 3, episode 2 although there's other things going on besides that so it actually only takes up a small portion of the show. Still interesting to watch from the Canadian law point of view. Great series btw if you're not familiar with it.
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Old 11-08-2019, 12:32 PM
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I hate that trope. Nobody dies and comes back to life. If they're still alive, they couldn't have been dead. They are mutually exclusive scenarios. Once you die, you're dead forever.
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Old 11-08-2019, 12:39 PM
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I hate that trope. Nobody dies and comes back to life. If they're still alive, they couldn't have been dead. They are mutually exclusive scenarios. Once you die, you're dead forever.
He was clinically dead. His heart wasn't beating and his lungs weren't pumping. Brain activity ceased. If he was just left in that state forever, there's be no question that he was dead. We have just advanced medical knowledge far enough that we were able to turn those processes back on.
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Old 11-08-2019, 12:40 PM
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Nice try, pal! LOL

Almost dying and actually dying are far from being the same thing.
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Old 11-08-2019, 12:41 PM
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He was clinically dead. His heart wasn't beating and his lungs weren't pumping. Brain activity ceased. If he was just left in that state forever, there's be no question that he was dead. We have just advanced medical knowledge far enough that we were able to turn those processes back on.
Heart- sure
Lungs - OK
Brain activity? No. It was still working.
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Old 11-08-2019, 12:49 PM
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He was clinically dead. His heart wasn't beating and his lungs weren't pumping. Brain activity ceased. If he was just left in that state forever, there's be no question that he was dead. We have just advanced medical knowledge far enough that we were able to turn those processes back on.
Dead means, medically and legally, brain dead. And there's no coming back from that. So your heart stopped and you were unconscious? So what, that happens to a lot of people who go on to live full lives afterwards. That doesn't mean you died.

And if you leave anybody in any state a few days without water or shelter, there's no question they'd be dead, too. But just because they might have eventually died if left that way doesn't mean they did die.
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Old 11-08-2019, 12:52 PM
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I interpret a "life sentence" to mean: if you are still alive, you are in prison. He is still alive, so in prison he goes.
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Old 11-08-2019, 12:54 PM
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Was a death certificate issued? If not, not legally dead.

Brian
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Old 11-08-2019, 01:08 PM
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Dead means, medically and legally, brain dead. And there's no coming back from that. So your heart stopped and you were unconscious? So what, that happens to a lot of people who go on to live full lives afterwards. That doesn't mean you died.
It just so happens that your friend here is only MOSTLY dead. There's a big difference between mostly dead and all dead. Mostly dead is slightly alive.
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Old 11-08-2019, 01:18 PM
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Almost dying and actually dying are far from being the same thing.
Tell that to Miracle Max. And if you bring him a nice, lean MLT, you might get a faster answer.
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Old 11-08-2019, 01:32 PM
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It just so happens that your friend here is only MOSTLY dead. There's a big difference between mostly dead and all dead. Mostly dead is slightly alive.
Did they go through his pockets for loose change?
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Old 11-08-2019, 02:16 PM
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iowa prisoner dies for a few seconds and was revive says he completed life sentence court disagrees


This is just as ''viable'' an argument as saying that if you're scheduled to be executed and the electric chair blows a fuse when they try to turn it on, your death sentence is no longer valid.
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Old 11-08-2019, 02:28 PM
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Did they go through his pockets for loose change?
"He's DEAD, Jim! You grab his Rolex; I'll take his wallet."
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Old 11-08-2019, 04:55 PM
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It's been done before. Jerry Rosenberg tried this back in 1988. It didn't work.

Last edited by Little Nemo; 11-08-2019 at 04:56 PM.
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Old 11-08-2019, 05:30 PM
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Isn't a life sentence 100 years?
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Old 11-08-2019, 08:15 PM
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"Schreiber is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot," Judge Amanda Potterfield wrote in the court of appeals opinion.

Schrodinger's Prisoner.
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Old 11-08-2019, 10:48 PM
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Isn't a life sentence 100 years?
Only if you time it right.
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Old 11-08-2019, 11:37 PM
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Isn't a life sentence 100 years?
Are you perhaps basing this on the common law doctrine of a 99-year lease?

ETA: Because it doesn’t apply to a life sentence.

Last edited by ASL v2.0; 11-08-2019 at 11:37 PM.
  #20  
Old 11-09-2019, 05:53 AM
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Dead means, medically and legally, brain dead. And there's no coming back from that. So your heart stopped and you were unconscious? So what, that happens to a lot of people who go on to live full lives afterwards. That doesn't mean you died.

And if you leave anybody in any state a few days without water or shelter, there's no question they'd be dead, too. But just because they might have eventually died if left that way doesn't mean they did die.

The idea that "dead" is binary condition, either "dead" or "not dead" is not really a current medical belief for the doctors I know.

Doctors are sometimes required to make legal declarations. And they are sometimes required to make administrative decisions. And moral and social decisions. That doesn't really turn it into a scientific description.

Medically, death is a continuum. You have cells dying all the time. Some of your cells will continue living in an hypoxic environment for a while. Some of your cells will remain oxygenated for a while. Some of your cells die quite quickly after you stop breathing. Medically, this is an important distinction, because your medical treatment depends not just on if your brain cells are dead, but on what other cells are dead: they don't go on trying to bring your finger nail clippings back to life, or attach your dead finger, just because you haven't been declared dead.
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Old 11-09-2019, 07:24 AM
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Hey, it is dead enough to activate a new slayer.
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Old 11-09-2019, 08:28 AM
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Judge: "But sir, now that you died, is your preference burial or cremation?
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Last edited by Muffin; 11-09-2019 at 08:28 AM.
  #23  
Old 11-09-2019, 08:51 AM
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Judge: "But sir, now that you died, is your preference burial or cremation?
There's a variety of body farms to choose from. And who's going to be sure if a "body" walked away or was 100% scavenged?

Or a zombie "body" could live off of the other bodies there. It'd give researchers a whole new insight into the consumption practices of the life-challenged. I hear Zombie Biology is a real gut course.
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Old 11-09-2019, 09:26 AM
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He was just resting.
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Old 11-09-2019, 09:49 AM
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Was a death certificate issued? If not, not legally dead.
That is exactly what the court said. The judges also said that the appellant's claim to have been dead was "unpersuasive" as he had signed his own legal documents in the case.
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Old 11-09-2019, 10:06 AM
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Judge: "But sir, now that you died, is your preference burial or cremation?
In New York, all prisoner deaths require an autopsy. That probably discourages people from seeking this route out of prison.
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Old 11-09-2019, 10:15 AM
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In New York, all prisoner deaths require an autopsy. That probably discourages people from seeking this route out of prison.
"Cause of death appears to have been a large Y-shaped incision on the chest and abdomen."
  #28  
Old 11-10-2019, 10:39 AM
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"Cause of death appears to have been a large Y-shaped incision on the chest and abdomen."
Not cardiac arrest brought on by hypothermia from storage pending examination?

Last edited by ASL v2.0; 11-10-2019 at 10:40 AM.
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Old 11-10-2019, 11:52 AM
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Nah, his mom made him wear a sweater.
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Old 11-10-2019, 05:24 PM
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Not cardiac arrest brought on by hypothermia from storage pending examination?
You're not dead until you're warm and dead.
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Old 11-10-2019, 05:49 PM
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Can you imagine the legal carnage that would ensue if heart cessation caused legal death, and ended things like mortgages, contracts, marriages, bank account access, user ID's, property ownership...
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Old 11-10-2019, 08:38 PM
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In New York, all prisoner deaths require an autopsy. That probably discourages people from seeking this route out of prison.
The coroner who performed the autopsy on Elvis had this to say to people who claimed that Elvis was never really dead: "If he wasn't dead beforehand, he sure was afterwards."
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Old 11-10-2019, 08:40 PM
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As for the prisoner in this case, poor guy never stood a chance, but you can't blame him for clutching at legal straws.
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Old 11-11-2019, 07:13 AM
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Has a prisoner ever asked to be released from his life sentence after experiencing la petite mort?
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Old 11-11-2019, 10:48 AM
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He was probably pining for the fjords.

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