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※發文無1~6小標格式或未依順序任意刪除者會被刪文

1.媒體來源:
紐約時報

2.記者署名
Nicholas Bogel-Burroughs

標題：A Prisoner Who Briefly Died Argues That He’s Served His Life Sentence


相信多益1000分的鄉民都看得懂

大意就是：無期徒刑囚犯簽了放棄心肺復甦聲明書，結果他死後卻被心肺復甦回來，因此他主張自己死掉時，無期徒刑已服刑完畢，法院應放他自由。
法律教授說這是一項法律漏洞。



The judges rejected his argument this week, ruling that a lower court had been right to dismiss his petition.

“Schreiber is either still alive, in which case he must remain in prison, or he is actually dead, in which case this appeal is moot,” Judge Amanda Potterfield wrote for the court.

Mr. Schreiber, 66, was sentenced to life without parole after being convicted of murder for killing a man with the handle of an ax in 1996, according to The Des Moines Register.

He has filed several unsuccessful appeals, but in 2018 he argued in court in Wapello County that he had been resuscitated against his will, and that because he had, his “sentence has expired.”






Mr. Schreiber’s plea was not without precedent.


The judge ruled against Mr. Rosenberg, too, writing that he did not legally die, “as his presence in this courtroom indicates,” The Associated Press reported at the time.

Eve Brensike Primus, a professor who teaches criminal law at the University of Michigan Law School, said it was unsurprising that the theory had only been tried a handful of times.

“The stars have to align — both the medical condition and the sentence the person is facing — for a person to even make this argument,” she said.


She and I. Glenn Cohen, a professor at Harvard Law School who studies medical ethics and the law, said Mr. Schreiber’s argument was clever but never stood a chance.

“It equivocates on what life and death means for the purposes of the criminal law,” Professor Cohen said in an email.

He added that Mr. Schreiber would still be considered alive for purposes including organ donation, making it “hard to think he should be ‘dead’ for the purpose of serving a life sentence.”


https://tinyurl.com/y3bgmrnf




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