can amnesiac suspects be charged?

Question

How if Person A killed someone and then sufferred trauma and amnesia because of what she did. And she did it cuz she hates this other girl so it's a crime right? But how can she be charged if she doesn't understand the charge being used against her? Isn't that unconstitutional according to proper court procedure on the Bill of Rights?

Answer 1

Amnesia is simply a loss of memory (actually pretty rare). The fact that you now have no memory of the crime you committed does not make you innocent. You are still responsible for your actions. There are a number of people who, while under the influence of drugs or alcohol, committed some crime and then did not remember the incident. They are in jail.

If you are so mentally ill that you are legally insane, then you would not be held responsible. Keep in mind there is a difference between mentally ill and legally insane. For instance, the character on the TV show, "Monk", is mentally ill but, since he knows the difference between right and wrong, he is legally sane. Most insanity defenses fail because it is so difficult to prove that a person did not know what he did was wrong.

Answer 2

She'd still understand the charge.

Amnesia doesn't nessessarily wipe a person's full memory right out.

And there is a chance the memory will be recovered, especially since there is no physical injury causing it.

There's no real way to see if that person is telling the truth about memory loss. If it can be proven she did it the court would most likely suspect the perp was just lying.

I mean, memory loss through guilt? No doctor would swallow that, no way.

Answer 3

just because one has amnesia is not reason to believe that they don't understand charges of an arrest if explained . she can still be processed and tried like anyone else .

Answer 4

I forgot is a defense , but not a very strong one