Strange question about law

[nimrod]

Say that someone shot me, in the hospital I died, then brought back to life, would the person that shot me be arrested and tried for murder? After all I was legally dead. Also would my wife be able to collect on any insurance or death benifits I might have.

[nimrod]

Say that someone shot me, in the hospital I died, then brought back to life, would the person that shot me be arrested and tried for murder? After all I was legally dead. Also would my wife be able to collect on any insurance or death benifits I might have.

[Nude in the North]

If your not Dead long enough to stay Dead, You didn't really die. Attempted Murder is the most likely charge He would face.
And No Chance on collecting the insurance.

"After all I was legally dead."

I'm not positive on this, but If your pronounced dead and come back to life It's pretty much considered that you never really died in the first place.

But I could be wrong.

Steve

[grl66]

I agree...... This IS a strange question.

[Ben_m]

I think you have stay dead to be "legally dead". So much for that legal loophole .

[Sauna]

There is no loophole. The insurance companies will give the money only when you are buried. You are not died if they can still wake you.

[MJ_KC]

I believe that there has to be a signed death certificate.

[Boreas]

quote:

I believe that there has to be a signed death certificate.

There has to be a signed death certificate in Canada. Also, the insurance company isn't going to pay while you are still at the hospital......they don't work that fast! They are bureaucracies after all.

[Bob S.]

This does also raise another question. What if a woman was shot and was put into a deep coma. The trial ensued where the defendant was convicted of attempted murder. Years down the road, the woman dies. Does the man now get charged with murder?

What about a man who shoots his victim, but she dies in surgery due to incompotence. Does the shooter get charged with murder or attempted murder? Although it was his fault for her being in the hospital, she would have survived if not for the doctors.

But answering your question nimrod, dead is dead. Of course, if you were resurrected by a divine force, does that count as dead or living?

Bob S.

[MJ_KC]

quote:

Originally posted by Bob S.:
This does also raise another question. What if a woman was shot and was put into a deep coma. The trial ensued where the defendant was convicted of attempted murder. Years down the road, the woman dies. Does the man now get charged with murder?

What about a man who shoots his victim, but she dies in surgery due to incompotence. Does the shooter get charged with murder or attempted murder? Although it was his fault for her being in the hospital, she would have survived if not for the doctors.

But answering your question nimrod, dead is dead. Of course, if you were resurrected by a divine force, does that count as dead or living?

Bob S.

Years down the road we are all going to die so I would say that the original conviction would stand.

As to the second one, I would imagine that he would be tried for murder.

[usuallylurk]

quote:

Originally posted by Bob S.:
This does also raise another question. What if a woman was shot and was put into a deep coma. The trial ensued where the defendant was convicted of attempted murder. Years down the road, the woman dies. Does the man now get charged with murder?

What about a man who shoots his victim, but she dies in surgery due to incompotence. Does the shooter get charged with murder or attempted murder? Although it was his fault for her being in the hospital, she would have survived if not for the doctors.

But answering your question nimrod, dead is dead. Of course, if you were resurrected by a divine force, does that count as dead or living?

Bob S.

There was a case like that in the States. Back in 1933. Guiseppe Zangara fired several shots at a motorcade in Miami. In the car were President-elect Roosevelt and Chicago Mayor Anton Cermak. He let out a handful of shots and wounded five people, including Cermak. While Cermak walked on his own power to an ambulance, he died a little over two weeks later. I don't know the details, but I recall reading that when Cermak died on March 8, Zangara was brought in and his sentenced changed from 84 years (assault with a dangerous weapon) to death. Things moved quickly in those days and Zangara was executed on March 20.

It has never been confirmed and there's no way anyone will ever know, but many have speculated that Cermak was the intended target of Zangara, not FDR. Cermak was a reformer and was hell-bent on cleaning the gangsters out of Chicago.

[Pieguy]

quote:

Originally posted by Sauna:
There is no loophole. The insurance companies will give the money only when you are buried. You are not died if they can still wake you.

Buried, eh? *Houdini-ish thoughts*

[jon71]

Charges can be ammended from attempted to murder even years down the road. I think that is semi common. As far as if a patient should have survived but didn't due to malpractice I'm not sure. I imagine it would be attempted. That sort of thing might depend on the judgment of the prosecutor.