Can the Government Put You On Trial After You Die?
It seems like a silly question, with an obvious answer, but let me start at the beginning…
There has been a great deal of fuss in the blogosphere and the media about Ken Lay’s convictions being overturned because he died while his appeal was pending. (Read the judge’s decision here.) Some applaud because they believe the original verdict was incorrect.
But both sides miss the greater point here. I hope everyone would agree that the government can’t actually put you on trial after you are deceased, and make (perhaps?) your family go to court to defend you.
Well, if we believe in the appeals process being a part of our judicial system, why should it be any different if you haven’t had a chance to appeal your (potentially) wrongful conviction?
