Let's say someone got permanent amnesia and that this person had committed a random felony before he got it, what is the legality behind this? Is there any precedent? Would he still be charged with the crime despite not knowing anything at all about himself or what he did? What if it was a serious crime like murder or something, would he still be susceptible to the death penalty? What would happen if someone got permanent amnesia and committed a crime beforehand? Still charged?
Yes, he'd be tried and convicted like anyone else. As far as degree, that depends on the circumstances of the crime, not on his condition AFTER the commission of the crime.
There are a lot of people behind bars that have serious medical conditions, including mental ones, has nothing to do with the crime time line. It's all dependent on their actions when it happened.
All their attorney can do is admit it as a factor at sentencing.What would happen if someone got permanent amnesia and committed a crime beforehand? Still charged?
You'd have to prove his amnesia. "I hit my head and don't remember." isn't enough. If he had MRI's, etc. showing the brain damage it might actually be enough to get him an acquittal on a lesser crime. A jury may sympathize.
A murder is different. It's likely that the prosecution wouldn't file unless they had an airtight case. Or until he remembers and can, under law, adequately assist in his own defense. Since there's no statute of limitations on murder, the DA can just wait him out or build his case and charge whenever he's ready.What would happen if someone got permanent amnesia and committed a crime beforehand? Still charged?
If the person has true amnesia and has been proven then no they can not, but there are many out there that have commited a crime and they have learned how to fake it, in short term memory a person will regain memory at one point, but people that have amnesia that have once commited a crime ususual see's a Criminal Psychologist witch will know if the person is truely suffering from it or they are faking it to get out of the crime
to 65 percent of murderers claim amnesia for their crimes
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