Which Should Come First, Common Sense Or The Law

[youngmafbog]

Most bizarrre

http://news.sky.com/story/1152982/ohio-man-still-legally-dead-despite-reappearing

[ToraToraTora]

run up some debts and see how dead they think you are!

[wolf63]

Does that mean he can commit a crime and not be punished as he doesn't exist?

[Old_Geezer]

The law needs changing: but to act on common sense it becomes difficult to know where the line is drawn. One can't expect common sense from authorities anyway. Should surely need little time to change the law; probably done by teatime.

[FredPuli43]

The judge has misapplied the law, surely. The three year rule was intended for persons other than the supposed deceased. It's for people, such as executors and 'widows' who believe the man dead because he has been missing, presumed dead, to set aside the declaration that he is dead when other evidence comes to light. Ohio sets a time limit because it would cause too much trouble if such people were acted against many years later.

[LazyGun]

I thought it a really odd story. As it stands, this person is a non-person I guess, and that presumably means not being able to get social insurance or whatever it is called in the US, presumably not being able to get a driving license, not able to open a bank account. On the other hand, were they to embark on a life of crime, could someone who is legally dead be punished? ( I suppose they must be able to, but it still seems weird, to me)

[joko]

well he he is committing no crime to drive without one then i suppose.

i would begin doing lots of things to show how daft it is

[society]

Clearly this makes no sense. The judge must have been intoxicated. when he made that verdict.

[Graham-W]

Is he officially a Zombie? Must be the first one before the Zombie Holocaust.
Be afraid.........be very afraid.

[DaisyNonna]

How stupid is stupid?

[askyourgran]

What rubbish, how quick will they be to find him alive if he robs a bank or shoots someone. What is he doing for money?

[puddle-duck]

What an odd story. Common sense should be used when making laws.

[jno]

I don't think the law has been misapplied, FredPuli, though it's inadequate to the present situation. (Can this really never have happened before?) It's for the benefit of family, to be sure, but it nonetheless involves declaring someone dead, and it's not clear to me how declaring him legally not dead is "common sense". What do you do with all the financial arrangements made on the basis that he was deceased?

The short answer is that the law comes ahead of common sense. Heaven prevent me from coming before a judge who applies what he thinks is his "common sense".

[Peter Pedant]

.
Jno he thay: Heaven prevent me from coming before a judge who applies what he thinks is his "common sense".

My fear is coming before a judge - or coming before a judge who applies what he thinks is the Law.

Did not Mme Maintenon say - the more I see of Judges, the better I like dogs ?

[No she didnt actually but it is a good one....]

[jno]

judges are supposed to apply what they think is the law. If they get it wrong there are other judges around to stop them. It's the legislators who should apply common sense, as puddle-duck says.

[Peter Pedant]

Hi Jno

Jno says If they get it wrong there are other judges around to stop them.

well Yeah.... if only the appeal system worked like that.

The lack of success in the appeals of the B'ham bombers (the longer I have heard this appeal the more I think.....) should give you pause for thought....let alone Stephan Kizxko - depresssing article on wiki on that

[jno]

oh, I know, I know. Monstrously exceptional cases, though, that's why we remember them.

I wonder if the law's the same here as in Ohio? Wouldn't be surprised.