Pelican Parts
Parts Catalog Accessories Catalog How To Articles Tech Forums
Call Pelican Parts at 888-280-7799
Shopping Cart Cart | Project List | Order Status | Help



Go Back   Pelican Parts Forums > Miscellaneous and Off Topic Forums > Off Topic Discussions


Reply
 
LinkBack Thread Tools Rating: Thread Rating: 1 votes, 1.00 average.
Author
Thread Post New Thread    Reply
The Unsettler
 
stomachmonkey's Avatar
 
Join Date: Dec 2002
Location: Lantanna TX
Posts: 21,844
Send a message via AIM to stomachmonkey
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.

Im sorta on the fence.

Technically if no one pronounced him hes 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

__________________
"I want my two dollars"
"Goodbye and thanks for the fish"
"Proud Member and Supporter of the YWL"
Old 11-09-2019, 09:49 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #1 (permalink)
Registered User
 
Join Date: May 2017
Posts: 5,394
Not dead. Brain was still functioning.

Do life insurances policies pay off in similar situations ?
Old 11-09-2019, 09:52 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #2 (permalink)
Still Doin Time
 
asphaltgambler's Avatar
 
Join Date: Nov 2004
Location: Nokesville, Va.
Posts: 6,012
Why was he revived 5 times? -
__________________
'07 Jeep SRT-8 - Hauls groceries and Hauls *ss
'85 Guards Red Targa - F@#king Money Pit
'95 Road King w/117ci - No time to ride, see above
'77 Sportster Pro-Street Drag Bike w/93ci - Sold to collector
'72 Yamaha CS5 200 Twin - Sold to fellow Pelicanite
Old 11-09-2019, 09:53 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #3 (permalink)
Registered User
 
pwd72s's Avatar
 
Join Date: Apr 2001
Location: Linn County, Oregon
Posts: 38,136
Quote:
Originally Posted by Zeke View Post
Maybe he was serving consecutive life sentences.
Drum roll please!
__________________
"Now, to put a water-cooled engine in the rear and to have a radiator in the front, that's not very intelligent."
-Ferry Porsche (PANO, Oct. '73) (I, Paul D. have loved this quote since 1973. It will remain as long as I post here.)
Old 11-09-2019, 10:01 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #4 (permalink)
The Unsettler
 
stomachmonkey's Avatar
 
Join Date: Dec 2002
Location: Lantanna TX
Posts: 21,844
Send a message via AIM to stomachmonkey
Quote:
Originally Posted by Sooner or later View Post
Not dead. Brain was still functioning.

Do life insurances policies pay off in similar situations ?
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.
__________________
"I want my two dollars"
"Goodbye and thanks for the fish"
"Proud Member and Supporter of the YWL"

Last edited by stomachmonkey; 11-09-2019 at 10:25 AM..
Old 11-09-2019, 10:07 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #5 (permalink)
Registered User
 
Join Date: Jul 2002
Location: Orange County
Posts: 3,256
Garage
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?
__________________
Scott
'78 SC mit Sportomatic - Sold
Old 11-09-2019, 10:14 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #6 (permalink)
LWJ LWJ is offline
Registered User
 
Join Date: Jun 2007
Location: Lake Oswego, OR
Posts: 2,820
I think you need a death certificate for life insurance. Or at least proof of some kind.
Old 11-09-2019, 10:25 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #7 (permalink)
Registered User
 
Join Date: Jul 2002
Location: Orange County
Posts: 3,256
Garage
Quote:
Originally Posted by LWJ View Post
Or at least proof of some kind.
Like a dead body?
__________________
Scott
'78 SC mit Sportomatic - Sold
Old 11-09-2019, 10:33 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #8 (permalink)
White and Nerdy
 
Tervuren's Avatar
 
Join Date: Jun 2004
Location: South of Charlotte N.C.
Posts: 11,381
Garage
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.

Last edited by Tervuren; 11-09-2019 at 11:36 AM..
Old 11-09-2019, 11:27 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #9 (permalink)
Registered User
 
Captain Ahab Jr's Avatar
 
Join Date: Dec 2009
Location: England and Slovenia
Posts: 1,642
Garage
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'
__________________
1988 Toyota 4Runner Gen1
1989 Porsche 930
1990 Porsche 964
1994 Toyota 4Runner Gen 2
Old 11-09-2019, 01:37 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #10 (permalink)
#trudeaumustgo
 
dad911's Avatar
 
Join Date: Jul 2001
Location: Pork Roll not Taylor Ham
Posts: 12,049
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.
__________________
Gentlemen, you can't fight in here! This is the War Room!
Old 11-09-2019, 03:17 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #11 (permalink)
Groucho Marxist
 
Tobra's Avatar
 
Join Date: Aug 2005
Location: Carmichael, CA
Posts: 35,915
Garage
He stays in jail, but he would have a case against the doctors that violated his DNR
__________________
The first of April is the day we remember what we are the other 364 days of the year.

Mark Twain
Old 11-09-2019, 05:13 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #12 (permalink)
 
Registered User
 
Bill Douglas's Avatar
 
Join Date: Jun 2000
Location: bottom left corner of the world
Posts: 13,781
If he says he died. Perform an autopsy on him to see if he is correct.
__________________
see www.lyallbaybeach.co.nz
Old 11-09-2019, 05:31 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #13 (permalink)
Cars & Coffee Killer
 
legion's Avatar
 
Join Date: Sep 2004
Location: State of Failure
Posts: 29,972
Quote:
Originally Posted by Tobra View Post
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:

__________________
Some Porsches long ago...then a wankle...
5 liters of VVT fury now
-Chris

"There is freedom in risk, just as there is oppression in security."
Old 11-09-2019, 06:31 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #14 (permalink)
....
 
AZ_porschekid's Avatar
 
Join Date: Feb 2008
Location: some ****hole
Posts: 6,743
Quote:
Originally Posted by Captain Ahab Jr View Post

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'
haha a YOLO sale tactic...
You should have countered with you only die once.
__________________
85 928S; LSx conversion, 5 speed with LSD.

IRR... What IRR!
Old 11-09-2019, 07:29 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #15 (permalink)
Registered User
 
Join Date: Nov 2016
Location: Indiana
Posts: 1,779
Garage
Quote:
Originally Posted by asphaltgambler View Post
Why was he revived 5 times? -
Quote:
Originally Posted by Zeke View Post
Maybe he was serving consecutive life sentences.
Wow.
__________________
Small Change got rained on with his own 38...
Old 11-09-2019, 09:33 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #16 (permalink)
Registered User
 
plexiform's Avatar
warm and dead is dead
__________________
2003 996turbo, 1975 911s, 2005 MV Agusta F4 AGO, 2002 Moto Guzzi V11 Scura, 2016 Norton 961, 1983 BMW R100RT
Gone but not forgotten: 2003 R1100s BCR, 77 R100s, 09 S63 AMG, 74 911, 88 R100RS, 78 930, 01 996 C4, 05 Cayenne, 09 Audi TT, 03 Moto Guzzi V11 LeMans, 07 WRX STI, 03 R1150GSA, 78 R100/7, 01 Audi S4, 98 Audi A4, 98 R1200c, 78 GL1000, 92 Accord coupe, 89 KE100
Old 11-09-2019, 09:37 PM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #17 (permalink)
MRM MRM is online now
Registered User
 
Join Date: Aug 2000
Location: Palm Beach, Florida, USA
Posts: 6,615
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.
__________________
MRM 1994 Carrera

Last edited by MRM; 11-10-2019 at 04:19 AM..
Old 11-10-2019, 04:16 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #18 (permalink)
Registered User
 
TimBer's Avatar
 
Join Date: Jul 2010
Location: Annapolis
Posts: 116
Garage
__________________
"I aint pissing nothing away. I got a Porsche already; a 911 with a quadrophonic Blaupunkt"
- Ebby Calvin LaLoosh
Old 11-10-2019, 04:55 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #19 (permalink)
My friends call me, Top
 
Skytrooper's Avatar
 
Join Date: Feb 2008
Location: Farmington, NY
Posts: 1,072
Garage
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.

__________________
Matt

'87 924S
'71 440 Charger R/T
Old 11-10-2019, 05:11 AM
  Pelican Parts Catalog | Tech Articles | Promos & Specials    Reply With Quote #20 (permalink)
Reply

Thread Tools
Rate This Thread
Rate This Thread:

 


All times are GMT -8. The time now is 12:52 PM.


 
Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2020 Pelican Parts, LLC - Posts may be archived for display on the Pelican Parts Website -    DMCA Registered Agent Contact Page
 

DTO Garage Plus vBulletin Plugins by Drive Thru Online, Inc.