So my thinking here is this: she was sentenced to death, she received her punishment (failed execution), sentence can be considered complete?

I dont know much about US/Tennessee law but it would seem that she is in uncharted territory - having survived execution - and is a bit of a headache for the legal system? Are there any other cases like this and what happened?

My thinking is very liberal/European (I dont support capital punishment anyway) but providing she is no longer a risk to society - just release her. If it can be proved she is a risk, transfer her to a low security prison?

FYI: Christa Pike

  • BougieBirdie@piefed.blahaj.zone
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    15 days ago

    You can compare this with a couple instances where felons serving life sentences had to be resuscitated and then went on to appeal that since they had temporarily died they had fulfilled the terms of their ‘life’ sentence. Benjamin Shcreiber and Jerry Rosenberg are notable examples if you want to read more.

    In at least one story I’ve heard, a judge has dismissed an appeal on similar grounds because “if the defendant has served their life sentence, then they must be deceased, and the deceased are unable to file appeal.”

    Basically they argued over the letter of the law while ignoring the spirit. That kind of thing only works if you’re a billionaire, and the rest of us schmucks have to accept that the spirit of a life sentence is that you are removed from society until you’re dead for good (or granted clemency or whatever).

    I’m against capital punishment, but the spirit of the law is that Christa Pike is to be permanently removed from society and given her case history that’s something I agree with. But even if you want to argue the letter of the law: she was sentenced to execution and if the state failed to execute her, that means she hasn’t been executed.

    I’m not a lawyer, but to my understanding the only legitimate avenue to appeal she has, and it’s still a stretch, would be on the grounds of her botched execution being a “cruel and unusual punishment.” However, if released today she’d have to go through life in the USA - which is also cruel and unusual

    • jobbies@lemmy.zipOP
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      15 days ago

      You can compare this with a couple instances where felons serving life sentences had to be resuscitated and then went on to appeal that since they had temporarily died they had fulfilled the terms of their ‘life’ sentence.

      Ahh. Didn’t realise there was presidence.

      if the defendant has served their life sentence, then they must be deceased, and the deceased are unable to file appeal

      I can see the logic there. It is the ‘death penalty’ after all.

      That kind of thing only works if you’re a billionaire

      Yep. Effectiveness of representation is determined by how much you’re willing/able to spend.

      • kkj@lemmy.dbzer0.com
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        14 days ago

        Didn’t realise there was presidence.

        For future reference, it’s precedent.