First  Prev  1  2  Next  Last
Blackouts and culpability.
Posted 5/13/16 , edited 5/14/16
Does anyone recall the famous excuse for a legal defence, "I don't remember"? Is it a defence to have blacked out? I think not, for it doesn't account for the time the offence occurred if he didn't remember now. Good good. However, what if he (or she) was sleepwalking or otherwise not aware of what they were doing, how to ascertain that? And if so how might that mitigate sentencing? Discuss. ^^

For instance the crime of murder could have been premeditated or not, whether the perpetrator remembered is of no consequence, but they can't remember if they were in a state of unawareness at the time. Like the wolfman. As a man he can't remember what he did as a wolf.

What do you think? If it was your job, how would you judge the situation?
11505 cr points
Send Message: Send PM GB Post
Online
Posted 5/14/16
If it's temporary insanity proven by a psychologist then there's nothing I can judge.
Posted 5/14/16

lambofgenesis wrote:

If it's temporary insanity proven by a psychologist then there's nothing I can judge.


But you are the psychologist in this scenario. :c
292 cr points
Send Message: Send PM GB Post
25 / F
Offline
Posted 5/14/16
Waterboarding can aid in memory loss.
11505 cr points
Send Message: Send PM GB Post
Online
Posted 5/14/16

Yume_Mirai wrote:


lambof wrote:

If it's temporary insanity proven by a psychologist then there's nothing I can judge.


But you are the psychologist in this scenario. :c


I dunno enough about psychology to know I he blocked out for real or not. There are some things you can't do while blacked out but idk, one lady shopped online while sleepwalking so I guess it's possible
61159 cr points
Send Message: Send PM GB Post
27 / M
Offline
Posted 5/14/16
I thought this thread was going to be about who to blame for power outages.
13139 cr points
Send Message: Send PM GB Post
24 / M
Offline
Posted 5/14/16
For instance, if you sleep walked in to a car and ran someone over, that would be a valid defense.however, because it is a defense, the burden of proof shifts to the defendant and these things are often difficult to prove.
292 cr points
Send Message: Send PM GB Post
25 / F
Offline
Posted 5/14/16

staphen wrote:
I thought this thread was going to be about who to blame for power outages.


Squirrels are usually the culprit.
61159 cr points
Send Message: Send PM GB Post
27 / M
Offline
Posted 5/14/16

DengekiFugu wrote:


staphen wrote:
I thought this thread was going to be about who to blame for power outages.


Squirrels are usually the culprit.


But maybe they were sleepwalking when they did it.
Posted 5/14/16
You need to call Mr. Lightman for that.
7493 cr points
Send Message: Send PM GB Post
30 / M / In a world that d...
Offline
Posted 5/14/16
I've never heard of a "blackout defense" ever working, or even of the term. If the evidence exists that a crime is committed, saying you dont remember doesn't negate your culpability if the evidence points to the commission of a crime by the person who does not remember unless there was another reason why the crime was committed - IE, an insanity defense, duress/coercion, necessity, or the such.

In the case of a wolfman who is unaware of the condition, I'd consider the insanity defense viable - the person was in a state that they were unable to determine the consequences of their actions to be unlawful and thus the court should not consider the man legally culpable due to lack of mens rea (depending on the angle of the procesution) or inability to make sound judgements at the time. A "blackout" wouldn't necessarily negate culpability or mens rea unless, again, there was duress or necessity to go with it.
Posted 5/14/16 , edited 5/14/16
I am not sure what you mean but I nearly kill people because I lost self-awareness. I think the best way to describe it is animal instinct.
Let me give an example when this has happened to me. One time in school I was hit in the back of my head, few second later I see this kid smiling. Aka the kid who hit me. Next thing I know I am pushing him against the wall and the teacher is trying to separate me from him. I don't know what I was doing or even remember when I did get up to fight him. My counselor thinks it something relate to PTSD or similar to it. Not that anything been proven yet.
17172 cr points
Send Message: Send PM GB Post
53 / M
Offline
Posted 5/14/16

DengekiFugu wrote:


staphen wrote:
I thought this thread was going to be about who to blame for power outages.


Squirrels are usually the culprit.


stupid squirrels
Posted 5/14/16

DengekiFugu wrote:


staphen wrote:
I thought this thread was going to be about who to blame for power outages.


Squirrels are usually the culprit.


Come to the Caribbean, power outages are commonplace in my island Stupid storm
9787 cr points
Send Message: Send PM GB Post
24 / F / Johnstown, PA, USA
Offline
Posted 5/14/16
Blackouts do occur. I believe that it's something that should be taken into account, particularly when medical causes are blatantly apparent. We may have someone whose blackouts and erratic behavior is cause by previously undiagnosed brain lesions. I would certainly approach the case differently and opt for a lighter sentence, usually, and would focus on medical treatment. Do I think that people should get off completely free? No.
Posted 5/14/16
Just because you're black doesn't mean you're allowed to commit crimes wth
First  Prev  1  2  Next  Last
You must be logged in to post.