3 ms·
Well, the state has to release their bodies upon the overturning of their conviction. If the point is not wholly invalid then can the state also continue to hol
by pishpash 10y ago
Well, the state has to release their bodies upon the overturning of their conviction. If the point is not wholly invalid then can the state also continue to hold their bodies until they sue through some body restitution law -- habeas corpus? Clearly not.
- will_brown 10y agoLiberty and property are clearly different in practice. Say you were arrested for holding me up at gun point and robbing me of $100, you are arrested and convicted and ordered to pay me back the $100 which you did. On appeal the conviction is overturned because of some technicality. even though you actually did rob me, there is no question your liberty will be restored (set free), but the question is should property be lumped right into that fold and I be ordered to give you back the $100? 7-1 the Justice's believe a law requiring you to prove you were innocent in order to get the money is unconstitutional. Thomas the lone dissent thinks once you give me the $100 that $100 is no longer yours so due process doesn't apply and the state was free to pass their own law to provide a process for these instances.