Civil death sentences, what do you think of them?

[Tyrannical]

Gallop's attorney called the ruling disappointing and said the state's civil death law is "moronic."

No lawyer dumbass, representing a prisoner suing the state because another prisoner assaulted him is moronic and a waste of time. Lawyer should have been found in contempt of court, 30 days!

[Scot Dutchy]

42 seems to know how the US legal system works. He might have something interesting to add to this. And given I know stuff all about the US legal system, I won't be able to argue with him about it.

Simple. Like all things in America its money that works.

[mistermack]

The state has a duty to not be negligent, in respect of your safety. Not to GUARANTEE your safety. That's not possible in a prison where prisoners mix.
The degree to which the negligence contributed to the attack might be one percent, fifty percent or a hundred percent.

Negligence should not be confused with the normal human imperfections. Negligence is on a different plane altogether, and should be glaringly obvious to anyone who has the facts.

I would give every prisoner the option of solitary confinement for the duration of their stay. If they opt to mix, they should then be considered to mix at their own risk, barring glaring negligence.

When you commit crimes so serious as to warrant imprisonment, you should be deemed to lose the normal set of human rights, and only have the most basic. If you can't do the time, don't do the crime.

[JimC]

There is so much wrong with the ruling. For a start the guy is clearly alive in every technical and biological sense. The 'law' doesn't change some realities.

Secondly even a prison service owes a duty of care to its inmates. The punishment for their crimes is incarceration, not whatever hard knocks await them once they are inside.

It may differ in the USA but here 'life' for the duration of life (i.e. you are going to be in prison until you die) is relatively rare. There are around 75 here in total and around 50000 in the USA - presumably this guy is one of them. The rest stand a chance of parole at some point and if they are safe to let out into society then why not. Presumably if you are legally dead that isn't an option!

[pErvinalia]

The state has a duty to not be negligent, in respect of your safety. Not to GUARANTEE your safety. That's not possible in a prison where prisoners mix.

Sure. But you don't need to declare a person legally dead to meet that standard. Regular laws will cover that.

[Svartalf]

The state has a duty to not be negligent, in respect of your safety. Not to GUARANTEE your safety. That's not possible in a prison where prisoners mix.

Sure. But you don't need to declare a person legally dead to meet that standard. Regular laws will cover that.

Actually, declaring a person legally dead, while s/he is under your responsibility, is a very convenient way to deny said responsibility, since a legally dead person can't sue.

[mistermack]

If someone is such a piece of shit, that they warrant a life sentence, then they don't deserve much of anything.
If you sue, you are obviously after cash.
Lifers should forfeit all their assets automatically, to the state, to go towards paying for the cost of their incarceration. I can't understand why this isn't done.
That would make lawsuits pointless from the start.

A partner could have the right to claim their half of the assets, if they can prove the same rights that they would have had on divorce.
The assets could be kept in a special fund, to be restored if a miscarriage of justice was proved.

[pErvinalia]

Why should the state get to seize something that wasn't gained via criminal activity?? That's very authoritarian of you..

[Svartalf]

given the degree of false imprisonments happening in the US, because prosecutors use all kinds of dirty tricks to get convictions against ill defended people, I'd not necessarily call the victim of a life sentence in the US a 'piece of shit'.

[Scot Dutchy]

given the degree of false imprisonments happening in the US, because prosecutors use all kinds of dirty tricks to get convictions against ill defended people, I'd not necessarily call the victim of a life sentence in the US a 'piece of shit'.

How many were exonerated from death row?

A list: https://deathpenaltyinfo.org/innocence- ... -death-row

Those are the ones who made it. How many are wrongly convicted? About 4%.

Many Prisoners on Death Row are Wrongfully Convicted

Researchers estimate that more than 340 U.S. inmates that could have been exonerated were sentenced to death since 1973

That are only capital cases. Just think about the rest.

[mistermack]

Why should the state get to seize something that wasn't gained via criminal activity?? That's very authoritarian of you..

If you got life, then what do you need money for? Prison isn't a hotel. The state has spared your life, that's more than you deserve if you are guilty of a crime that warrants life.
Why should we pay to keep you when you have assets?

Anyway, it would be better if the victim's relatives got your assets, than you keeping them.

[Tyrannical]

Prisons are supposed to be, rather unhealthy and hard. An average prisoner should not survive twenty years in prison, it is supposed to kill them. That's why a life sentence was considered twenty years. Prisons need to raise the average mortality rate of prisoners.

[Svartalf]

... ok, thanks for your thoughts you two... now, will you please fuck off

[pErvinalia]

Why should the state get to seize something that wasn't gained via criminal activity?? That's very authoritarian of you..

If you got life, then what do you need money for?

To give to your relatives and/or dependents. Like everyone else does with their money when they die or no longer need it personally.

[pErvinalia]

Prisons are supposed to be, rather unhealthy and hard. An average prisoner should not survive twenty years in prison, it is supposed to kill them.

"Supposed to"? Says who?