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Force majeure: Difference between revisions
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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.
(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]] | ||
