Being a 15 year old son of a lawyer in a little town located in East Tennessee, my knowledge of law is better than those around me for the most part, however, is very limited. I want to know somethign that has been pressing my mind for a good little bit though. Siemese twins. If a murder is commited, what is the punishment? What is the legal standpoint? I am only asking for the legal standpoint, I already have my own oppinion on the fairness and morality behind it.
2006-09-21 02:20:49 · 15 answers · asked by davy 2 in Politics & Government ➔ Law & Ethics
Sorry, I did not specify. If the siemese twins murdered someone else, how would they legally be dealt with. Sorry for not specifying. By the way, thanks to you who said I have good grammar.
2006-09-21 02:35:36 · update #1
Very interesting question. I have two answers because I was unsure whether you were saying that the Siemese twins were murdered or if they committed the murder.
Murdered. They are two individuals and it should be considered a double homicide. Punishment if found guilty would be left upto the jury or residing judge.
Committed murder. This is more complex, and what I truly believe you question was meant to be. If one of the twins commit murder, how would you punish one without punishing both? With that question being raised you'd also have to ask if the twin that did not participate keep "quiet"? If so, shouldn't he/she be charged with accessory or being an accomplice? What is the law on if you were able to stop a murder and don't? Are you held liable? I would think so. I can't imagine that a siemese twin couldn't stop the other half from actually committing the murder...therefore I would think he/she would be as equally guilty.
Again, very good question, especially for someone your age. When you choose best answer, don't forget to let us know what your thoughts on this were.
2006-09-21 02:51:21 · answer #1 · answered by THP 3 · 0⤊ 0⤋
Hello there Davy- you are a pretty remarkable 15 year old! This is a relatively brilliant question. I would encourage you to go into the field of law, just like your father. But, of course, the choice is your own. I think that if you apply yourself, you can be successful in many different arenas. Law, philosophy, maybe teaching, writing, et cetera. You also have an advantage, since you have some background in this particular discipline. You write very well, and your spelling is better than most adult users here on 'answers'!
Okay, again, this question is very valid. I presume that you meant a situation in which the Siamese twins commit a homicide against another individual.
If the Siamese twins share one brain, then both of them are responsible for the murder. If they have separate brains, one of the twins may have actually been innocent, in the sense that he/she protested the killing, or did not have murderous intentions. But the problem I think that you brought up, an interesting one, is how can the law and the legal system punish and hold accountable the twin whom committed the murder? They are attached to one another, so it is an almost impossible problem to solve. UNLESS there is a strange possibility that they can be legally surgically separated- in this case, the one twin who was determined to have been responsible for the crime can be incarcerated or subject to capital punishment, and the innocent twin may be freed from blame. But again, this is yet another challenge, in proving which twin was the one who had the motive, means, and intent of committing the homicide.
Honestly, I doubt that this sort of scenario has ever come about in our legal system. Legislators have probably never even contemplated this contingency.
Excellent question.
2006-09-21 10:02:23 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If one of thee twins murdered a third party the other would not be an accessory to murder unless he had known it was planned. He would however be a material witness to the crime. He would be justified in pleading the 5th amendment. It would be a difficult one for the police though. They are legally obliged to charge and hold the one that committed the murder but holding the other would amount to unlawful imprisonment. It would be even more difficult for the court if it was 1st degree murder carrying a mandatory death sentence. How could it be carried out? This must be the ultimate argument for the existence of plea bargaining. Very good question.
2006-09-21 09:56:40 · answer #3 · answered by bob kerr 4 · 0⤊ 0⤋
Not much to do in your little town is there ?
I don't know why other people can't understand your question, I thought it was well put.
I think you are aking if one of the twins kills a third party.
The second twin cannot necessarily be tried as an accomplice because it perfectly possible to be holding a gun legally and then suddenly turn and fire at someone - the other twin couldn't stop that.
The punishment would have to be noncustodial. But even then I can't think of anything appropriate.
My brain hurts now. Congratulations. For the first time on YA I'm stumped.
2006-09-21 09:30:24 · answer #4 · answered by Michael H 7 · 1⤊ 0⤋
Very interesting I would have to say it would be double homicide. How about this though what if one of the Siamese twins committed a murder would it be fair to the other to be convicted?
2006-09-21 09:32:11 · answer #5 · answered by LJ 4 · 0⤊ 0⤋
If the twins are murdered it is double murder, if one of them done the murder, then there would be the conundrum. Should the other one have to sit in jail for what the other half done?
2006-09-21 09:30:30 · answer #6 · answered by flip103158 4 · 0⤊ 0⤋
Assuming that a twin did the murder, the other would necessarily be complicit because he was there and did not stop it. If they could not be separated, I would think they would both get life in prison.
2006-09-21 09:35:07 · answer #7 · answered by Anonymous · 1⤊ 0⤋
A good Prosecutor would have them both convicted,rico law...A good defense lawyer would have the sentence reduced so that one would do the time(shared),yet have some freedom in the end for the others sake..just my opinion though..=)
2006-09-21 09:39:52 · answer #8 · answered by *toona* 7 · 0⤊ 0⤋
When you say a murder is committed, do you mean they are both murdered? or do you mean if one twin killed the other? or do you mean only one twin is murdered?
2006-09-21 09:30:14 · answer #9 · answered by micky 2 · 0⤊ 0⤋
If Siamese twins killed someone? Would they die if they were seperated? If so, I gues psychiatry help because not both should be punished for what one did.
If someone killed siamese twins-same as killing one person, but prolong the death.
2006-09-21 09:28:40 · answer #10 · answered by chaoticmagician 2 · 0⤊ 0⤋