Force majeure: Difference between revisions
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(questioned whether it can be said that the lethal injection was "carried out" if the injection was not, in fact, lethal; or, more generally, whether a lethal injection can be carried out if lethality is impossible and the sentence void for re-sent...) |
(Removing "it is unclear". It's been a while, but I believe that IN-UNIVERSE, this is the argument that was used by the legal people, even if it doesn't hold up by the real definition of "carried out". See T:NO RW.) |
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A '''''force majeure''''' argument was used by [[Oswald Danes]]' legal team to secure his parole after the events of [[Miracle Day]]. According to a contemporaneous [[KCNU]] news report, Danes was freed after his [[execution]] failed. The charity legal group, [[Freedom and Liberty]], "employed a ''force majeure'' ruling to define Danes' survival as an Act of [[God]]". Since the [[state]] of [[Kentucky]] could not immediately prove otherwise, they were compelled to set him free. This was aided through the citation of the [[Fifth Amendment]] forbidding being punished more than once for the same crime (his lethal injection had been carried out | A '''''force majeure''''' argument was used by [[Oswald Danes]]' legal team to secure his parole after the events of [[Miracle Day]]. According to a contemporaneous [[KCNU]] news report, Danes was freed after his [[execution]] failed. The charity legal group, [[Freedom and Liberty]], "employed a ''force majeure'' ruling to define Danes' survival as an Act of [[God]]". Since the [[state]] of [[Kentucky]] could not immediately prove otherwise, they were compelled to set him free. This was aided through the citation of the [[Fifth Amendment]] forbidding being punished more than once for the same crime (his lethal injection had been carried out) and the [[Eighth Amendment]] forbidding cruel and unusual punishment (a normally painless death was made painful via Miracle Day). ([[TV]]: ''[[The New World]]'') | ||
{{wikipediainfo}} | {{wikipediainfo}} | ||
[[Category:Law and order]] | [[Category:Law and order]] | ||
Revision as of 12:10, 13 April 2014
A force majeure argument was used by Oswald Danes' legal team to secure his parole after the events of Miracle Day. According to a contemporaneous KCNU news report, Danes was freed after his execution failed. The charity legal group, Freedom and Liberty, "employed a force majeure ruling to define Danes' survival as an Act of God". Since the state of Kentucky could not immediately prove otherwise, they were compelled to set him free. This was aided through the citation of the Fifth Amendment forbidding being punished more than once for the same crime (his lethal injection had been carried out) and the Eighth Amendment forbidding cruel and unusual punishment (a normally painless death was made painful via Miracle Day). (TV: The New World)
