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You're still legally dead, judge tells Fostoria man

42 点作者 bsullivan01超过 11 年前

8 条评论

grecy超过 11 年前
&gt; <i>&quot;I don&#x27;t know where that leaves you, but you&#x27;re still deceased as far as the law is concerned,&quot; Davis said.</i><p>When even a Judge recognizes that common sense should prevail, but isn&#x27;t willing to do anything about it, courts start to be pretty useless.
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sparktherapy超过 11 年前
This would cause all sorts of complications. I think the three-year limit should have an exception for mysterious reappearance, this man given his &quot;life&quot; back and be demanded to repay child support.<p>What happens if this man gets murdered? Can you go to jail for killing a dead man?
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peterkelly超过 11 年前
Imagine all the crimes you could get away with.<p>&quot;What is your defence sir?&quot;<p>&quot;I&#x27;m dead, so I couldn&#x27;t conceivably be guilty of doing any of these things&quot;
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ryusage超过 11 年前
Weird. Why is there a three year limit anyway? If the guy is standing in front of you and it&#x27;s pretty clear he&#x27;s not dead, why insist that he&#x27;s dead?
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jonnathanson超过 11 年前
This is an extremely weird and interesting case, and it&#x27;d be especially curious if he&#x27;s no longer afforded the Constitutional protections of a natural, living citizen.<p>The closest legal analogue I can think of is the (now outdated) concept of &quot;outlawry,&quot; whereby an &quot;outlaw&quot; was someone legally excommunicated from a society. An outlaw could be deprived of property, liberty, and even life by any legal citizen of that society.<p><a href="http://en.wikipedia.org/wiki/Outlaw" rel="nofollow">http:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Outlaw</a>
DanielBMarkham超过 11 年前
<i>&quot;He asked the court to reverse its 1994 death ruling so he can reinstate his canceled Social Security number and driver&#x27;s license.<p>The court said no.&quot;</i><p>I don&#x27;t think he&#x27;s legally dead, I just think he&#x27;s not going to be able to get his old identification back.<p>Sounds like a civil rights problem, as this man is being refused access to his own identity and rights.<p>In particular, I think if he commits a crime, like spitting on the judge right after his announcement, he&#x27;d certainly be found &quot;alive&quot; enough to incarcerate, so really the only thing the judge is doing is preventing him from accessing the <i>services</i> of government, although he&#x27;s imminently liable for abiding by the strictures of government.<p>Heck if I wouldn&#x27;t be tempted to break a law if I were him. Then appeal it as undue process because the officers of the court refused to identify him.<p>I am definitely not a lawyer, but I feel certain this man is not legally dead in the way most people think of it.
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peterkelly超过 11 年前
Not the first time a dead person as been put on trial...<p><a href="http://en.wikipedia.org/wiki/Cadaver_Synod" rel="nofollow">http:&#x2F;&#x2F;en.wikipedia.org&#x2F;wiki&#x2F;Cadaver_Synod</a>
jyz超过 11 年前
This is why I&#x27;m an engineer instead of a lawyer