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Sort of a moral dilemma, what's your opinion and why?
Here's a hypothetical case:
A person, let's call them A, is on trial for a serious crime, say murder.
The trial has been going for a while, and it has already been established that A really planned and executed the crime, and they knew exactly what they were doing.
In other words, A has already been convicted. The last decision left is about their sentence.
The law prescribes a clearly defined punishment for this kind of crime.
In two variations of the hypothetical case, this punishment happens to be:
a. Death penalty,
b. Many years in prison, possibly lifetime.
The last day of the trial is meant for determining the sentence.
On the morning of that day, while A is being driven to the court, they pass by an ammunition factory - which happens to explode at this very moment.
Many sharp objects hit the car, some penetrate it, and one of them hits A's skull and breaks it.
A survives, but sustains considerable brain damage.
While still able to tie their shoes, hum a few popular tunes and engage in simple conversations, A has lost their identity, forgotten their name, and cannot recognize anybody from their close family - or anybody for that matter. They cannot form new memories either.
Here's the question:
Does the change of circumstances in your opinion call for a different sentence?
Why? / Why not?
Thank you.
10 Answers
- 8 years agoFavorite Answer
The munitions explosion already killed off the old person A. So the only sentence one can impose is on the old body A not the new being occupying the old body.
Legally a mentally handicapped person can't be tried because they can't understand the charges to defend them. If the lawyer appeals once after the murder sentence is handed down, then the argument will be for a hearing. The lawyer could call the witness to the stand. "What is your name?" Since no questions can be answered, then at that level, this "new being" in body A can walk away for treatment.
If your dilemma is just about the jury and what they need to say they can only go by the evidence, so they will either say death or a life sentence. There's no space for accident report to creep into that hearing.
After the first appeal hearing, the whole story will turn on a dime.
That is an intriguing question, though, because it raises questions about cognition, memory, identity, recognition of a wrongdoing, and our ethics as a society, as well as legal concerns.
- 8 years ago
"'A' transformed into new self, no longer the former criminal" is what it boils down to. To punish A after the new personality emerged and old perished, would in a sense be like digging up a corpse of a prematurely deceased criminal and having it sit in prison for full 900 years - as in, "punishing the body" once the consciousness within changed (or is gone completely). Legally speaking, we do live in a world where bodies will be made to serve their sentence I suppose, but morally/ethically it's bit silly to punish that crucial aspect of the person which is no longer the same criminal aside from bearing physical resemblance. But in all fairness, often relatives of victims need closure, and such thinly veiled revenge dubbed "justice" is often part of their healing process even if it involves "silly" procedures - so, without giving it more indepth thought, for now I'll just leave it be with this simple opinion above. IMHO. -Pat
- Anonymous8 years ago
no a crime is crime.A will be punished bcoz he commited the crime and may be the sentence he as to serve cud decrease from death penalty to a life term or considerable years in prison
now he still has a hypothetical chance for a mercy plea according to law for A's country although i dont think he will be forgiven or given less sentence bcoz he commited the crime which sentences death penalty
definitely no mercy
my reason is a similar sort of case happened in south africa last year....he was some man who killed an abandoned wife of an english citizen and and also had a very rare brain cancer but court showed no mercy since he showed no remorse for killing and was not considered worth of mercy....i feel court was right..
Source(s): news and logic - Anonymous8 years ago
Very interesting indeed. I would say lawfully, of course not. But morally, yes. I would see this person as a "new person", and one could argue to the court, if there would be a term for such thing, some sort of insanity plea or get many doctors and psychologists to argue that this person is in fact a "new person". Great question.
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- JesereLv 78 years ago
No, the incident was after the fact
this person was in fully aware of his actions
when he committed the crime- I say Death Penalty
- CarnationLv 78 years ago
If A lives in the UK, they would get better care in prison, than in a home for the mentally handicapped, so the real punishment would not putting them in prison.
- Anonymous8 years ago
No. The accident didn't erase the crime. The dead person is still dead and the convicted, even though not technically accountable could still do harm again.