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What happens if a defendant dies before or during a trial? (Original Post) GPV Apr 2023 OP
Saves money PJMcK Apr 2023 #1
Well there's that GPV Apr 2023 #2
Thoughts and prayers. awesomerwb1 Apr 2023 #3
In a criminal case, yes. You can't prosecute a corpse. rsdsharp Apr 2023 #4
We should make an exception for Trump. Irish_Dem Apr 2023 #7
Do you know how bad that would smell after one day. Lochloosa Apr 2023 #8
Put plenty of mothballs in the coffin. Irish_Dem Apr 2023 #9
Lol Meowmee Apr 2023 #11
Well, you CAN -- Pope Formosus was -- but there's not much point... RockRaven Apr 2023 #10
Thanks! GPV Apr 2023 #12
Asking for a friend? n/t royable Apr 2023 #5
Understandably, everyone is all over the map today. Irish_Dem Apr 2023 #14
Something like that GPV Apr 2023 #25
There's a funeral and he gets buried or otherwise disposed of. Ocelot II Apr 2023 #6
Thank you. I do wonder about co-conspirators GPV Apr 2023 #15
The inthewind21 Apr 2023 #13
Party at Dave & Buster's? Nt Fiendish Thingy Apr 2023 #16
Freee tacos at all Taco bells! Johnny2X2X Apr 2023 #17
I think the case is dismissed Meowmee Apr 2023 #18
Oh a chance for WarGamer to recite history... WarGamer Apr 2023 #19
The founder of Enron died while appealing his conviction dsc Apr 2023 #20
I'd forgotten that. GPV Apr 2023 #23
As I recall, Ken Lay died before he could be sentenced gratuitous Apr 2023 #24
The case actually gets dismissed. Tomconroy Apr 2023 #21
Trial at Bernie's (not that one). Cheers, NT usonian Apr 2023 #22

rsdsharp

(9,279 posts)
4. In a criminal case, yes. You can't prosecute a corpse.
Tue Apr 4, 2023, 02:03 PM
Apr 2023

In a civil case, the decedent’s estate would be substituted as the defendant.

Irish_Dem

(48,963 posts)
7. We should make an exception for Trump.
Tue Apr 4, 2023, 02:08 PM
Apr 2023

Wheel the coffin in the courtroom and keep going with the trial.

RockRaven

(15,168 posts)
10. Well, you CAN -- Pope Formosus was -- but there's not much point...
Tue Apr 4, 2023, 02:13 PM
Apr 2023

And while a 9th Century church trial in Rome ought not count as precedent in 21st Century America, Alito and Company might decide otherwise -- if the dead person was a Democrat, anyway.

https://en.m.wikipedia.org/wiki/Cadaver_Synod

Ocelot II

(116,203 posts)
6. There's a funeral and he gets buried or otherwise disposed of.
Tue Apr 4, 2023, 02:06 PM
Apr 2023

The case goes away if there's nobody to prosecute, but TFG's cases involve co-conspirators so their prosecutions would continue - so we'd find out the whole story sooner or later.

 

inthewind21

(4,616 posts)
13. The
Tue Apr 4, 2023, 02:15 PM
Apr 2023

answer should be obvious. Ever heard of the trial of a dead defendant? If convicted, do you dig up the defendant and sent the corpse to jail?

WarGamer

(12,592 posts)
19. Oh a chance for WarGamer to recite history...
Tue Apr 4, 2023, 02:26 PM
Apr 2023

Pope Formosus died in 896 and political enemies had the body exhumed and displayed in Court and tried for crimes at the urging of Pope Stephen VI.

gratuitous

(82,849 posts)
24. As I recall, Ken Lay died before he could be sentenced
Tue Apr 4, 2023, 03:53 PM
Apr 2023

And that meant his conviction was mooted, as if it never happened.

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