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Murder convict lost his memory in an accident what will happen than


11-Sep-2023 (In Criminal Law)
Let's consider an accused is sentenced to death(hang) for brutally murdering his own wife. While he was transported from court to prison after the judgement, the police van met an accident and the convict lost his memory. The doctors were not sure whether he will recover or not. Now what will happen. Will the judgement stand same or revised. He doesn't have a lawyer on his side to plead a revision in judgement.
Answers (1)

Answer #1
640 votes
I think it would make for an interesting trial. In my mind what would likely happen is the person would receive some sort of sentence, perhaps in some level of mental institution to determine if this was, in fact, the truth or if it was an attempt to get out of the jail time. While the crime did occur and losing one's memory doesn't change that fact, simply sending them to jail regardless would put into question why we send people to prison. A strong defense could be made that the justice and prison system is in part to make people rehabilitate and to pay for their crimes. Punishing someone with no memory of their crimes and the life that lead them to the crime could be seen as similar to punishing someone who did nothing. I think it would all come down to the legal battle of the case and while I do think if this were to happen the person would get some kind of sentence, I can also see some kind of reduced sentence or early parole based on additional study of their condition and if they truly don't remember anything. As has been said before, I don't think they would be simply let off the crime as it would/could set the idea in people's mind that they had to do the same. But I think there would be enough of a question about it, and enough ground for the defense to stand on to make a convincing argument for a different sentence than you might see in someone else.
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