When is dead dead
 

So this guy is serving a life sentence and dies.

They jump start him 5xs and bring him back.

He claims he served his life sentence and should be let go.

Courts say no.

I’m sorta on the fence.

Technically if no one pronounced him he’s not legally dead but I kinda see his point mostly because he also had a DNR that was not honored.

Discuss

https://www.washingtonpost.com/nation/2019/11/08/benjamin-schreiber-denied-life-sentence-appeal-iowa/?outputType=amp

Not dead. Brain was still functioning.

Do life insurances policies pay off in similar situations ?

Why was he revived 5 times? -

Drum roll please! :D

Do we know that?

Is someone who is brain dead but on a vent dead?

I say yes but still we have court fights to determine if the plug can be pulled.

And even if they are brain dead insurance won’t pay out while on life support.

While I think his appeal is creative I think the courts got it right in terms of was he dead.

But the ignored DNR complicates it for me.

Yeah, why was the DNR not honored. His brother was involved with that according to the article, but did he have power of attorney to say revive him?

I think you need a death certificate for life insurance. Or at least proof of some kind.

Like a dead body?

If DR.'s save lives, how can they save the life of a dead person? There isn't life to save.

The heart stopped beating for a period of time such that the DR.'s intervened to restart it, and thereby saved his life.

If you were in a similar situation, would you thank the Dr's for saving your life? If they saved your life, then it is still you.

The prisoner was revived. He still has his body, his mind, and his identity.

Now if on the other hand they had gone about to create a new person and a new life like Dr. Frankenstien, maybe.

Interesting topic.......

For me the prisoner signed his life away when he was sentenced to life

His bad he didn't check out permanently, I hope the victims family is finding some comfort knowing he now has an extended sentence

On a lighter note today I had to correct a very nice lady trying to sell me one of those miracle magnetic bracelets I should try it because 'you only live once' :D

Quote:

........he clubbed a man to death with the handle of a pickax and left his body outside a trailer, the Des Moines Register reported. He had conspired with the man’s girlfriend to murder him.

Doesn't deserve to breath air. Put him in Epstein's cell and turn off the cameras again.

He stays in jail, but he would have a case against the doctors that violated his DNR

Honestly, I think this is what this case hinges on.

Reminds me of this:

<iframe width="560" height="315" src="https://www.youtube.com/embed/zmHrKYXDWFA" frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

haha a YOLO sale tactic...
You should have countered with you only die once.

Wow. :D:D:D:D:D:D:D

warm and dead is dead

This question was resolved in the law many years ago. Around the time Karen Ann Quinlan went into a vegetative state but survived on a respirator, the courts had to struggle with the issue of when someone was dead or alive and the advances of medical technology. Eventually the courts resolved the question of when someone "dies" through brain function. A person isn't considered dead unless they're brain dead, even if the body can be sustained by a machine, or even breaths and pumps blood on its own. When the brain stem is permanently broken, the person is legally dead, even if the body keeps functioning. That's why they could deny Terri Schiavo food and water until her body ceased to function. Her brain stem was dead. She had no brain function but enough of her unconscious neurological system remained intact for her to keep breathing and her heart pumping on her own. She was already "dead" so it was permissible to stop supporting the body's functions. Interestingly, it is not allowed to take affirmative action to end the physical life of someone who is brain dead. It is only allowed to take passive steps and deny the person food and water until the body "dies".

Anyway, the prisoner didn't have anything to lose by trying his novel argument (he has a lot of time on his hands) so it makes sense he would at least try it. But the issue was really resolved a long time ago against his argument. Dead means permanent brain dead, not temporary heart dead.

I think what is being missed is the life sentence. The life sentence is to keep him behind bars until death. No chance to get out and commit anymore crimes. If he was successfully revived, he is not dead. Therefore the intent of the sentence must be fulfilled. He remains behind bars until he dies, and stays dead.
I really do not see the dilema this seems to be causing. Yes, he died and was revived. It is not like his thought process was changed. He is still the same guy. Would you want him released if he was going to get put in your neighborhood ? Because he will surely be in someones neighborhood if released. Do you think that getting jump started 5 times has changed him ? I do not think so. He is alive and must serve his sentence.

Made me think of this Monty Python scene :D

https://www.youtube.com/watch?v=dGFXGwHsD_A

That’s the problem, as I see it. Taking extraordinary means to keep a person alive so you can punish them more seems like the definition of “cruel and unusual” to me. If the guy has been given a life sentence and he’s dying, let him die.

Better video

<iframe width="560" height="315" src="https://www.youtube.com/embed/jYcPBE5PXhs" frameborder="0" allow="accelerometer; autoplay; encrypted-media; gyroscope; picture-in-picture" allowfullscreen></iframe>

No pronouncement = not dead....




.

Our Constitution prohibits cruel and unusual punishment. Reviving a prisoner who is dead or near death and has expressed his wish to be allowed to die just to punish him more is very cruel and very unusual.

I don't for a minute believe they revived him just to incarcerate him longer. Like with any other DNR if it is not "on scene" you have to provide life saving measures. It isn't a word of mouth type of thing. The fact that he "expressed his wish to die" doesn't hold any weight.

I think they should just tell him they will officially consider him dead if they can bury him.

Rather than paperwork to be on scene, if he had DNR tattooed on his chest, would that suffice to not bring him back?

It's a shame the doctors revived this POS . I am no lawyer but when you kill someone in cold blood , found guilty by a jury and given a life sentence society owes you nothing .