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Saturday, October 23, 2021

The Legal Definition of Death

     Andrew Lyons shot a man in the head in September 1973 and left him brain-dead. When Lyon's attorneys found out the victim's family had donated his heart for transplantation, they tried to use this in Lyon's defense: If the heart was still beating at the time of surgery, they maintained, then how could it be that Lyons had killed him the day before? They tried to convince the jury that, technically speaking, Andrew Lyons hadn't murdered the man, the organ surgeon had.

     The judge would have none of it. In the end, Lyons was convicted of murder. Based on the outcome of the case, California passed legislation making brain death the legal definition of death. Other states quickly followed suit.

Mary Roach, Stiff, 2003 

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