There a serial killer. Real bad guy, killed a lot of people. He gets in a car wreck just before he is caught. No memories of any of the murders (but totally did them). Damages his prefrontal and frontal lobe. He becomes a whole new, good person. Not a threat to anybody. How should he get sentenced?
REKLAM
+18 yanıt
+15
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The legal system is not just about punishment and prevention of additional crimes, it is also about the needs of the victims and society to feel that there are consequences for actions. The victim does not want to see this person roaming around free and society empathizes with this feeling. Like in many situations, the needs of the many often supersede the needs of the individual. One could argue that many criminals are not really capable of being responsible for their crimes. They are often very low IQ, and have had poor upbringings where they are exposed to violence and so on, but it is the need for the victim and society to have justice that overrides this line of thought. Their body did the crime, and that body must pay a price for everyone to go on with their lives.
+10
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REKLAM
This is a philosophical question. There is a philosophy out there that who you are is based on the contingent unbroken identity of self. They would suggest that this is an entirely new person who should not have to pay for those crimes. I think they should stand trial and let the legal system decide.
+10
Bildir
Well people can plead insanity and potentially have their sentences changed from prison to a mental health facility. It would probably be something like that. A lawyer could claim that their client cannot be held responsible for the actions that he did prior to his TBI because his client currently does not have the capacity to do so. My guess is that he would be tested strictly to see if hes faking it and would probably be monitored for the rest of his life just to be safe. That is, if any judge and jury would even buy a defense like that, which would be very unlikely even if it was true
+10
Bildir
Not at all. Reformation is the best thing that can happen to a criminal, because then they become productive and no longer such a threat. While I would feel for the families of those he killed, if he has done a complete 180 and doesn't remember a thing then let it be. Reminding him of his crimes or punishing him for them, probably without him even fully understanding, is only going to damage him and likely convert him back to being a horrible person.
+10
Bildir
He should be sentenced according to the laws in place. The victims and the families deserve closure. Despite having no memory & having a reformed personality as a result of the brain trauma he should still be held accountable. I know if I had done something so heinous and was sentenced I would feel that I deserved it because my conscious would demand recompense for those I had hurt.
+10
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