I have an additional question for the attorneys, Isn't it in the constitution that a party has to be able to assist in their defense?
So, if the defense was that the person didn't commit the crime how are they able to prove that they weren't there or didn't do it if they have amnesia?
I came into this question thinking, yeah he committed the crime he should be prosecuted. But, now I don't think he should be tried until he gets his memory back and can assist in his defense.
2006-09-26 08:37:59
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answer #1
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answered by evillyn 6
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The question is not should you convict him, the question is of what punishment shall he receive. If the murder took place as an intended killing with malice and for thought, and the state of mind at the time of the killing was to inflict serious bodily harm or to kill, then this person will be found guilty of murder. However, what if the death penalty is on the table. Under the United States Constitution, the 8th Amendment prohibits cruel and unusual punishment.
The United States Supreme Court has held that no person who is mentally challenged can be put to death. As such, if a person is "crazy" or has a diagnosed mental disease, they can not be put to death.
The next question is whether putting such a person in prison would rehabilitate the murderer, if he or she did not remember killing or even wanting to kill. It might be better off to put that person in a mental recovery unit and only if they regain their pre-amnesia mind, would they then be transferred to a prison.
Attorney Goldstein is a partner at the law firm of www.goldsteinandclegglaw.com
2006-09-26 08:29:34
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answer #2
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answered by goldsteinandclegglaw 2
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Hi. I think it would depend on the circumstances. A hot blooded murder can happen to anyone. Cold blooded murder is a part of one's personality, not emotion. Someone who gets drunk and kills may have no recollection of the event but has full responsibility for their actions.
2006-09-26 08:51:36
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answer #3
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answered by Cirric 7
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Yes you still convict. If not and his memory comes back, he can then play the amnesia to his own advantage and be able to murder again. And majority of the time, amnesia is very short in length.
2006-09-26 08:24:38
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answer #4
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answered by GirlinNB 6
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AFAIK the only requirements for a criminal trial are: understanding the difference between right and wrong (the M'Naughton rule -- modified in some jurisdictions) and ability to understand and follow the trial more or less.
You don't have to know that you committed the crime. The jury will tell you that.
That's what I remember from law school. But I don't do criminal law.
2006-09-26 08:24:05
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answer #5
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answered by Anonymous
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Yes
2006-09-26 08:23:46
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answer #6
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answered by Tom 2
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Just because he doesn't remember, doesn't mean the family of the victim won't! Yes, he should still be convicted.
2006-09-26 08:29:21
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answer #7
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answered by someoneoutthere 5
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Yes, because the same impulses that led him to murder once might rise to the surface and he would murder again.
2006-09-26 08:23:04
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answer #8
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answered by Sean 7
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wicked indifference is a homicide fee. He changed into suggested no longer to have unprotected sex. astounding protection may were an insanity protection be they don't win as in many situations as you could imagine. Canada gained't kill him besides.
2016-12-02 02:52:43
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answer #9
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answered by Anonymous
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I do, because I don't think amnesia can change a person's actual personality. Even without your memories, you are who you are, and the person would have to have some deep and dangerous psychological problems to have killed someone in the first place.
2006-09-26 08:24:57
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answer #10
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answered by Anonymous
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