General Question

rebbel's avatar

Can one file a criminal complaint against a governor, and/or the executioner, for taking the life of an imprisoned human?

Asked by rebbel (24955points) January 17th, 2013

“Thou shalt not kill.”
If I think about it I feel it a bit strange that ‘we’ can end the life of someone (as a penalty) who has ended the life of someone.
Can one prosecute a (legal) person (who is responsible for the death of the punished person), and what are the chances that that person could be convicted?
Has it, to your knowledge, ever been tried?

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9 Answers

jca's avatar

If the death sentence were handed down from a judge, then no crime has been committed (in putting the imprisoned person to death).

In fact, if it were the executioner’s job to do the execution, and they did not do it as per their job description, then they would be in trouble for failing to do their job duties, yes?

SadieMartinPaul's avatar

Do you know what’s listed as the cause of death on an executed person’s death certificate? Homicide—the killing of one human being by one or more other person(s).

I know that I’m off point and not answering your question, but I really wanted to mention this.

tranquilsea's avatar

Given the government makes the laws and enforces them: no. The only time government officials are held accountable is if they misrule so much + kill a bunch of their citizens that the citizens successfully topple the government and put their officials on trial.

filmfann's avatar

Trust me, the government dots all the i’s and crosses all the t’s when it enforces the death penalty. There is no recourse to the law in regards to the death penalty. Even if the prisoner is later found to be innocent, those involved in carrying out the sentence are exempt.

livelaughlove21's avatar

No. An executioner following out the sentence of a judge is not a crime and, therefore, they cannot be charged with a crime.

I’d also like to add that “thou shalt not kill” is not a law, it’s a commandment in the Bible. The law against murder is much more specific.

hearkat's avatar

This question brought to mind The Life of David Gale

jaytkay's avatar

Also in the US we have prosecutorial immunity and judicial immunity. You cannot sue judges or prosecutors for wrongfully putting you on death row.

serenade's avatar

Killing is not a crime. Murder is, and murder has a legal definition that begins with “the unlawful killing of…” The other kind is lawful killing.

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