If one half of a conjoined twin commits a brutal murder, and the twins cannot be separated, will he be jailed?

Question

And let's assume the innocent twin was completely unaware of his nefarious sibling's intention to commit this savage crime. In fact, he may have done everything humanly possible to prevent it.

Answer 1

As a judge, I'd be forced to put them in jail. One of them is a danger to society, he has to be restrained...

It would probably be done on those grounds in real life too...unless there is possibility and agreement for separation...

Answer 2

If these twins were to leave DNA evidence at the crime scene it would be difficult to decide which were the guilty party. Maybe they would have to go by fingerprints or bite mark detecting. Sounds like a forensics nightmare. I don't think most prosecutors would have a problem seeking conviction of an innocent person. My question is how would the jail handle inmate visitation when only one inmate per visitor is allowed.

I feel certain that the death penalty for one half of the twin would be cruel an unusual punishment.

Intriguing question!

Answer 3

There are plenty of possible ways one conjoined twin could kill someone without the other twin being able to stop the crime, or even know about it ahead of time.

This issue boils down to whether one believes it's worse to penalize the innocent or let the guilty go free. In the US, this could go either way, depending on how good the defense lawyer is, whether the twins are rich or poor, what their race is, and other factors that cause prejudicial treatment in the justice system.

Answer 4

This depends in which country the crime takes place and the legal system which has jurisdiction.
The innocent twin may be 'innocent til proven guilty', or may have to prove his innocence, or may have to make a reasonable case for his innocence, depending on the circumstances.
Similarly, it will depend on the priorities of the legal system: whether punishing the guilty is seen as more important than protecting the innocent.

Answer 5

There was a similiar occurence to the first people known as Siamese Twins, Chang & Eng.

One of them got drunk on a ship, started a fight and hurt another passenger. The injured passenger demanded he was put in the brig, but the Captain decided that he couldn't punish one for the crimes of the other and so he let the twin off.

Link below to the twins bio. Fight story from QI (BBC).

Answer 6

come on now!!!! if the twins can't be separated then how did the other one get to commits murder, with out the other one being unaware of it? so if he was unaware of it how were he trying to prevent it. there always a good twin and a bad twin okay, but the one who commits murder will go to jail, and if the other one can't be without him then maybe he should commit some wrong doing himself so he can go with him. and he still may not be in the same sell Block with him.

Answer 7

If John Reid gets his way at anytime in the near future, they, their mother and their father, any siblings and all their close, remote and unknown relatives will,without let or hindrance, be incarcerated for the longest time possible. Once all of us are in jail, with the exception of John Reid, he'll be able to "lead" the country.

Answer 8

I doubt such a case would arise, but they would probably be let free. One Lord Justice of Appeal once said (on the subject of of guilty partys being acquited) 'its better to let 10 guilty men walk free than imprison one innocent man.' So that in mind...

Answer 9

that is a pukka question, and even me - who has an answer for everything can't come up with a good enough answer for this one!!!! wait..i just thought of a saying.... it's better to free a 100 guilty men then to sentence 1 innocent man...might not be dead on but it's close.... so therefore no he won't go to jail....

Answer 10

Well only if he can prove he wasn't an accessory and more of a witness. The innocent twincan say he was dragged into it by the perpertrator who told him to stick around.