Insult to Injury

Eugene Volokh has a conundrum:


"Funchess was sentenced to two consecutive sentences of death." Or, if you prefer, "Appellant was also sentenced to one to two years imprisonment for abuse of corpse, a concurrent term of one month to two years for tampering, and one to two years for criminal conspiracy, to run consecutive to his death sentence."

For sentences of time in prison, whether the sentences run concurrently or consecutively ends up being very important. But just what the significance of having consecutive death sentences, or prison terms consecutive to a death sentence, I can't off the top of my head figure out (though it's not like you can have imprisonment concurrent with the death sentence, either).

I'm guessing it's so that even if the death sentence is overturned on appeal, or commuted, the guy stays in jail.  Alternatively, maybe it just struck the judge as funny.

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Megan McArdle is a columnist at Bloomberg View and a former senior editor at The Atlantic. Her new book is The Up Side of Down.

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