if someone commits a crime and then gets incurable amnesia

[nageov3t]

should they still be punished, considering rehabilitation is impossible and they have no recollection of what they're being pushed for?

 

[Freshgeardude]

yes, they still did the crime. besides they could fake it

 

[IronWing]

Are they fit to stand trial?

 

[se7en]

How can you prove what someone can or cannot remember? Outside of actually removing that section of brain or something.

 

[datalink7]

Punishment is only partly for rehabilitation IMO, so yes, though possibly with a lesser sentence.

 

[sjwaste]

Our system of criminal justice is for both rehabilitation and retribution. Unless our system has changed, yes. If the crime requires intent, the trial is based on intent at the time of the act anyway.

 

[MovingTarget]

That sounds like a plot from "All My Circuits".

 

[Corporate Thug]

crime = act + mental state at the time of the commission of the crime, so yes.

 

[Zolty]

Originally posted by: ironwing
Are they fit to stand trial?

yeah I don't think they would be

 

[GodlessAstronomer]

Originally posted by: MovingTarget
That sounds like a plot from "All My Circuits".

"When I grow up I'm going to have sssoooo much amnesia!"

 

[Jumpem]

It's not about rehabilitation. It's about justice and punishment.

 

[Gibsons]

I think you could force them to be someone's butler for a while and that would be a good punishment.

 

[se7en]

Originally posted by: Jumpem
It's not about rehabilitation. It's about justice and punishment.

This.

The death sentence doesnt rehab anyone. Well it kinda does in a perma-ban fashion.

 

[nutxo]

Dunno.

If the person has total amnesia is the person even the same person anymore?

 

[Fritzo]

I used to know the answer to this, but now I can't remember.

 

[dullard]

Originally posted by: sjwaste
Our system of criminal justice is for rehabilitation, retribution, [/b]and to scare others from committing similar crimes.[/b]

Fixed. Even if someone can't be rehabbed, there are two other reasons. Although, some people do disagree with retribution as a punishment reason. Plus, who said the person can't be rehabbed. Does amnesia also take away urges to commit crimes?

 

[evident]

how do you prove?

 

[jlee]

If you're so drunk you can't remember last night, but you killed someone while driving, do you get off scott-free?

Thinkaboutit.

 

[Corporate Thug]

Originally posted by: JLee
If you're so drunk you can't remember last night, but you killed someone while driving, do you get off scott-free?

Thinkaboutit.

well, it won't be murder one. But definitely murder 2/manslaughter.

 

[God Mode]

Too many ways to lengthen trials and pad the pockets of lawyers and courts in this country.

If you know people that play the system, you would feel angry for living a lawful life and working harder to achieve less than criminals.