# Legal cases against the dead **URL:** \ **Category:** Factual Questions\ **Created:** [July 13, 2007, 3:50pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656 "2007-07-13T15:50:56Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Strinka](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/strinka/32/512_2.png) [@Strinka](https://boards.straightdope.com/u/Strinka)\ **Post date:** [July 13, 2007, 3:50pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656/1 "2007-07-13T15:50:56Z")
Can you sue a dead person? Can the state prosecute a dead person for a crime? ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [July 13, 2007, 4:06pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656/2 "2007-07-13T16:06:13Z")
[QUOTE=Strinka] Can you sue a dead person? [/quote] Technically, you sue the estate, but yes. > [@](#): > > Can the state prosecute a dead person for a crime? What would be the point? You can’t punish a dead person nor can you punish someone who did not commit the crime. So, I’m going with no. ---
**Author:** ![mlees](https://avatars.discourse-cdn.com/v4/letter/m/ba8739/32.png) [@mlees](https://boards.straightdope.com/u/mlees)\ **Post date:** [July 13, 2007, 4:29pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656/3 "2007-07-13T16:29:48Z")
[QUOTE=Hello Again] What would be the point? You can’t punish a dead person nor can you punish someone who did not commit the crime. So, I’m going with no. [/QUOTE] The point might be to officially close a case file without a jury verdict. Or do they have to leave the case officially open forever, with a post-it note saying “Investigation concludes that the murder was committed by the husband, who then shot himself.” Real life example: Lee Harvey Oswold, who was never convicted by a jury. Is the JFK case officially “open/unresolved”? ---
**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\ **Post date:** [July 13, 2007, 5:10pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656/4 "2007-07-13T17:10:35Z")
[QUOTE=mlees] The point might be to officially close a case file without a jury verdict. Or do they have to leave the case officially open forever, with a post-it note saying “Investigation concludes that the murder was committed by the husband, who then shot himself.” Real life example: Lee Harvey Oswold, who was never convicted by a jury. Is the JFK case officially “open/unresolved”? [/QUOTE] IANAL but . . . a dead person cannot confront witnesses against him or raise a adequate defense. So I say no, while you might be able to sue an estate for a monetary judgement you cannot put a dead person on trial in a criminal case. IIRC, the Warren Commission closed the JFK case by concluding that he acted as a lone gunman. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [July 13, 2007, 5:19pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656/5 "2007-07-13T17:19:55Z")
Hm. LHO was already arrested & charged when he was shot, no? My interpretation of the op mean “can you bring a completely original case against a person already dead.” In other words, charge a dead person with a crime. Maybe you can but I still don’t see why a DA would bother. After all, they did not continue to prosecute LHO for the crimes he was charged with; the Warren Commissions conclusion that he did it is not a guilty verdict. ---
**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\ **Post date:** [July 13, 2007, 5:23pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656/6 "2007-07-13T17:23:35Z")
We’ve had a recent example of how this works. See the [Wikipedia article on Kenneth Lay](http://en.wikipedia.org/wiki/Kenneth_Lay) for an explanation of how his conviction was set aside after his death. It’s now as if he was never tried or convicted, though suits can still be brought against his estate. ---
**Author:** ![Hello\_Again](https://avatars.discourse-cdn.com/v4/letter/h/85e7bf/32.png) [@Hello\_Again](https://boards.straightdope.com/u/Hello_Again)\ **Post date:** [July 13, 2007, 5:42pm UTC](https://boards.straightdope.com/t/legal-cases-against-the-dead/411656/7 "2007-07-13T17:42:27Z")
[QUOTE=Spectre of Pithecanthropus] We’ve had a recent example of how this works. See the [Wikipedia article on Kenneth Lay](http://en.wikipedia.org/wiki/Kenneth_Lay) for an explanation of how his conviction was set aside after his death. It’s now as if he was never tried or convicted, though suits can still be brought against his estate. [/QUOTE] Is this in response to my post or just a general example of how an estate gets sued?