A drunk driver is the cause of a car accident, resulting in three deaths. But he is also injured, and goes into a coma lasting for ten years. Can he still be charged with murder when he wakes up, if he wakes up with amnesia?
Please sight any resources, if possible, where you got them from, or if it's just an opinion or theory, explain the reasons you came to that conclusion.
2006-07-15 06:12:47 · 9 answers · asked by Agent Double EL 5 in Politics & Government ➔ Law & Ethics
Oh, man, I can't believe I spelled that wrong. I meant 'cite' your resources. I feel like such a dummy!
2006-07-15 18:24:29 · update #1
There is no statute of limitations issue. The statute of limitations defines the time in which the charge must be filed against the person. He'll be charged while he is in a coma; he'll be tried when he's competent to stand trial.
Amnesia is irrelevant. He is resonsible for his drunken carnage whether he remembers or not. The prosectution will prove its case with other evidence anyway.
He sounds like someone who needs an attorney. He should have a guardian appointed and the guardian should should retain an attorney to prepare for a defense of the anticipated charges. There may be exculpatory or mitigating evidence that needs to be preserved. You go pay for a lawyer to find out what that mean.
And, by the way, the charge is not likely to be murder. Involuntary, voluntary, or vehicular manslaughter are more likely. Whatever, lets hope justice prevails.
2006-07-15 06:50:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
there is no statute of limitations on murder, and the statute of limitations does not apply once and indictment has been handed down from the grand jury anyway. The defendent is never present at the grand jury session, so that would not be an obstacle to the charge. The District attorney can elect not to prosecute, but has the right to. The amnesia is irrelevent because it is after the fact of the crime being commited, but might be taken into consideration if a guilty verdict is reached.
2006-07-15 06:19:42 · answer #2 · answered by DL 6 · 0⤊ 0⤋
Theory,
No matter is he has amnesia or not, he still killed three people while driving drunk. He may still be charged with murder even if he can't remember any part of it, most drunks don't remember driving when drunk and the proof that he was drunk at the time of the car accident has already been proven so he surely will be charged with murder whenever he comes out of this coma even with amnesia or not.
This is my opinion and I believe it makes sense to me plus I asked my husband what he thought about your question and he agrees with my answer too.
2006-07-15 06:26:20 · answer #3 · answered by Anonymous · 0⤊ 0⤋
wow, thats crazy. this is obviously a made-up scenario, because if this really happend im sure we would have heard it on the news.
In any case...My personal opinion:
Vehicular manslaughter EXPECIALLY caused by Drunk driving should be punished to the extent of the law, regardless of whether the driver was injured or not. The driver chose to get wasted and get behind the wheel, and because of his poor choice 3 people are dead. His injuries are also a result of his poor choice, it's his own fault hes in that position.
2006-07-15 06:19:34 · answer #4 · answered by Gavin's_Girl 1 · 0⤊ 0⤋
The charge wouldn't likely be murder, but something along the lines of dangerous operation of a vehicle causing death. Though drunk and at fault, he did not possess the plans or the intent to kill those three people.
2006-07-15 06:50:43 · answer #5 · answered by Angela B 4 · 0⤊ 0⤋
Yes, he should still be charged with murder. This is interesting though. A lot of people might say otherwise, but if he woke up, he still is responsible for taking 3 lives from the world. I personally believe this, and if convicted, he should get death. I mean, he killed 3 people, intentionally or otherwise. eye for an eye....
2006-07-15 06:16:49 · answer #6 · answered by ellie_belle 1 · 0⤊ 0⤋
Opinion. He can definately be charged. There is no statute of limitations on any kind of murder charge. Just because he was in a coma, what exempts him from charges?
2006-07-15 06:16:34 · answer #7 · answered by miketorse 5 · 0⤊ 0⤋
His lawyers would rightly say that he can not be put on trial until he regains consciousness as per his Sixth Amendment right to face his accuser(s).
He doesn't have to remember anything though, since most defendants don't testify in their own trials, his memory is irrelevant to the case against him.
2006-07-15 06:17:26 · answer #8 · answered by brewcityconservative 2 · 0⤊ 0⤋
There's no statute of limitations on murder.
2006-07-15 06:15:37 · answer #9 · answered by DOOM 7 · 0⤊ 0⤋