Civil death sentences, what do you think of them?

[Svartalf]

]
speaking of backward countries, some highly placed judges, in Rhode Island, USA thinks that a life sentence is cognate with a civil death peanlty

here.

Court: Inmate Serving Life Can't Sue Because He's 'Dead'
Rhode Island's Supreme Court has ruled that a man serving life in prison can't sue the state for an attack by a fellow inmate because under state law he's considered dead.


Rhode Island's Supreme Court has ruled that a man serving life in prison can't sue the state for an attack by a fellow inmate because, under state law, he's considered dead.

The Providence Journal reports that the court dismissed the negligence lawsuit brought against the Department of Corrections by 33-year-old Dana Gallop, who's serving two life sentences plus 45 years for fatally shooting a rival gang member outside a Providence nightclub in 2008.

The court cited a state law that reads in part: "Every person imprisoned in the adult correctional institutions for life shall ... be deemed to be dead in all respects, as if his or her natural death had taken place at the time of conviction."

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

[laklak]

Rhode Island? I thought that was a progressive, Blue state. Even us Florida rednecks don't have a law like that and we hand out death sentences like condoms at a Las Vegas whorehouse.

[Svartalf]

well, given that, toi my knowledge the most illustrious citizen of RI, Providence to be precise, is Howard Philipps Lovecraft, who was anything BUT a progressive, except in his writing style, I am not surprised to discover that his home state is less than sterling.

[pErvinalia]

I never cease to be surprised by some of the things I hear coming out of Merka.

[laklak]

Hell, it surprises us and we already live here.

[pErvinalia]

[Svartalf]

what gets me is that it's not an isolated case of a backward judge, it had to go to one judge, who must have turned it down since it went to appeals, who must have turned it down too, and then a collegiate Supreme court also turned it down... meaning that this opinion that prisoners on life sentence are civilly dead is, if not heald by a majority of judges in that state, at least by a plurality and not just pissant lower er judges, but also ones in appeals courts and in the SCORI... I hope this goes to SCOTUS, but, given the makeup of the Roberts court, can't be sure it will redress that situation... If it refuses certiorari, or worse, takes the case and confirms the lower decisions, we'll have proof that the whole US judiciary system is contaminated.

[pErvinalia]

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.

[Hermit]

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.

It's Hillary's emails what dun it. And Bammy made many much worse laws.

[pErvinalia]

Shut your cake hole and stop persecuting 42!

[Galaxian]

what gets me is that it's not an isolated case of a backward judge, it had to go to one judge, who must have turned it down since it went to appeals, who must have turned it down too, and then a collegiate Supreme court also turned it down... meaning that this opinion that prisoners on life sentence are civilly dead is, if not heald by a majority of judges in that state, at least by a plurality and not just pissant lower er judges, but also ones in appeals courts and in the SCORI... I hope this goes to SCOTUS, but, given the makeup of the Roberts court, can't be sure it will redress that situation... If it refuses certiorari, or worse, takes the case and confirms the lower decisions, we'll have proof that the whole US judiciary system is contaminated.

Mustn't confuse reversals in courts with right vs wrong. The courts are not a Divine institution, staffed by the learned and wise appointed angels of the Deity. The courts are staffed, in the main, by spineless narcissistic functionaries, enamored with themselves, naive & gullible, and shortsighted in the extreme.

The main reason for reversals is that it keeps the pot simmering for longer, while the judges & lawyers fleece the taxpayer to the Nth degree. That's why you get judgements for/against/for/against... And they never return the salaries they charged making contrary decisions: It was all decided beforehand, but you were not to know.

As for prisoners suing for compensation. They should not be able to. The whole area of litigation for money is a disgusting perversion of the legal system, contrived by morally twisted degenerates. A capitalistic corruption pretending to right the wrongs of inevitable conflicts. It wastes energy & disintegrates social cohesion. People should only be able to sue for recognition of a grievance - nothing more.

[pErvinalia]

The courts are staffed, in the main, by spineless narcissistic functionaries, enamored with themselves, naive & gullible...

Sounds like someone we know...

[Rum]

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]

Maybe this is how the zombie apocalypse gets going... [/crumple]

[Strontium Dog]

Not going to defend this sort of thing, because loss of freedom should be the punishment (I even think most prisoners should be allowed to vote), not being formally erased from existence. But actual death sentences are a much bigger level of wrong.