amnesia and murder

mangaddict_reborn · Naginata Ashigaru Joined: Sep 06, 2006 Posts: 483

if someone gets total amnesia after murdering someone, and lets pretend this can be proven, should we trial them?

xenocrisis0153 · Posted: Wed Mar 05, 2008 11:46 pm Post subject:

yes.... what would the counter-argument be? You do the crime, you pay the time.

I think maybe you're thinking of something else. Amnesia is just memory-loss. This person still planned and plotted the murder, then carried it out. What happens after the crime should have no bearing on their punishment since it had no bearing on their committing the act.
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GTX: Great Teacher Xeno... my daily blog about teaching in an elementary and middle school in Japan (see right-menu)

Fission2 · Posted: Thu Mar 06, 2008 12:12 am Post subject:

ditto. it's comparable to drinking and driving; you're still going to be incriminated because you took a conscious choice to drink in the first place. it's the same with murder, regardless of memory loss. you still (in good mind) murdered someone with intent. totally first degree.

now if he was schizophrenic or has extreme di-polar disorder or multiple personalities, it can be reasoned with or reduced to 3rd degree charges. I'm lenient towards people who suffer from mental disorder.

07cbdj · Posted: Thu Mar 06, 2008 12:40 pm Post subject:

I get what You're trying to say, but he's still going to jail.
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mangaddict_reborn · Naginata Ashigaru Joined: Sep 06, 2006 Posts: 483

yeah, I get that
but some people argue that memories are the soul
and losing your memory is... wiping the slate clean?
I dunno. I crime is a crime, but that would suck
to be born again and then thrown into jail.

du5k · A-Source Staff Joined: Nov 05, 2005 Posts: 6357

xenocrisis0153 · Posted: Fri Mar 07, 2008 4:05 am Post subject:

du5k · A-Source Staff Joined: Nov 05, 2005 Posts: 6357

ddogt432 · Posted: Fri Mar 07, 2008 4:50 pm Post subject:

du5k, i think you missed fission's point. he's not literally comparing the components of drinking and driving to amnesia and murder (drink:drive::amensia:murder is incorrect Razz

). he's comparing the conscious decisions to drink and drive (as one choice/activity) and murder (regardless of the amnesia).

i agree with xeno and fission here. no matter what's happened after the murder, a pre-meditated murder cannot go unpunished.
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xenocrisis0153 · Posted: Sat Mar 08, 2008 2:45 am Post subject:

du5k · A-Source Staff Joined: Nov 05, 2005 Posts: 6357

Well to me a person before amnesia and after amnesia are two different person... so technically he shouldnt be going to jail for "another" person's sake. Even if he did go to jail, he has nothing to repent because he have no idea of the crime he did... think the Bourne.

If he's going to jail for the safety of the society, it just isn't fair isnt it?

If he ever did recover from amnesia, thats another thing...

ddogt432 · Posted: Sat Mar 08, 2008 11:25 am Post subject:

i see where you're coming from, du5k, but i think your argument is more based on morals and the philosophical. and i believe these arguments have no place in a court of law. the physical body and mind that committed the act remains unchanged, no matter the state of the mind at the present. whether or not the person is currently a danger to society is also irrelevant to the murder itself.
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du5k · A-Source Staff Joined: Nov 05, 2005 Posts: 6357

Yes, thats why someone should propose this to Obama and Hillary and I'll vote for the person who agrees with me. Very Happy

...
Actually I'm not US residential.

kevinchaosvs · Shogun Joined: Jul 28, 2005 Posts: 2551

Jail! Like what F2 said, unless he was ill or smthg.
I mean, just becoz he loses "memory" doesnt mean he loses "personality". I certainly dont believe the stuffs we watch on TV about how the guy who got amnesia changed in personality. So you cant really say "reborn". He may not rmbr the things he did, but he still have the "personality" that "may" do it again.