Say someone commits some wrong or even crime, but suffers brain damage/brain deterioration after the incident. Would you still consider them as culpable - even to the extent of total memory loss, degenerative disease or even completely transforming their personality? I'm talking both in your legal and ethical opinions.
I leave the seriousness of the offence and degree of brain damage/disease deliberately open for you to decide your own limits, if any.
Implications of brain damage on culpability Watch
- Thread Starter
Last edited by Birkenhead; 25-07-2014 at 00:45.
- 25-07-2014 00:30
- 25-07-2014 03:05
I was going to say that they are not themselves anymore if their sense of self or their consciousnesses is no longer the same and can't therefore be punished for the crime they committed as their previous self. But then I thought about the victim, they would want justice in the form of punishment/incarceration for crime perpetrator (I'm assuming something that affects a victim physically/emotionally and not like a bank robbery). However, if the brain damage results in paralysis of the body and brain as in they become unconscious/unaware totally and are merely physical bodies in a wheelchair staring at the wall then obviously it would be stupid to want to punish them because there is no 'one' to punish - only a physical body. However if the brain damage is like retardation or mild retardation or even, results in mental illnesses like schizophrenia and personality disorders then they should be sectioned in a mental incarceration facility where they receive their time punishment and also their medicine for their illness although this too is weird because even when their sentence time does finish they would still remain there for health reasons I assume or be moved to a lower security facility.
I am no lawyer so I will be interested to see what others have to say. The above is just my opinion.