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What happens if the State fucks up applying a death penalty and the defendant survives? (lemmy.world)

submitted 3 weeks ago by cheese_greater@lemmy.world to c/nostupidquestions@lemmy.ca

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Does their disposition revert to life in prison without parole or do they [gasp] get off?

Alternatively, How many bites at the apple do they get to kill the defendant?

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[–] cheese_greater@lemmy.world [S] 1 point 3 weeks ago* (1 child)

Not even if the defendant sues the state for some variety of cruel and unusual punishment or extreme negligence (maybe even to a criminal extent) something to that effect?

Like couldnt they sue for so much or so hard that the State feels compelled to wash their hands of them in exchange for dropping everything?

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[–] southsamurai@sh.itjust.works 2 points 3 weeks ago

You can try to sue for anything, really. The problem is making that suit go anywhere.

But there's zero chance a lawsuit is going to just let someone go. You'd have a better chance at a pardon than that

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