Suppose you’re serving a lengthy sentence in an American Penitentiary, and after a severe blow to the head, you now have amnesia to the point of not being able to remember anything about your past.
If this were a lifelong type of amnsia, would this be a case for appealing your conviction?
It would seriously suck having to serve a 10 year sentence, and not even remembering what you did, let alone your name.
Gus
I know the answer to this. Wait, damn…what was the question again?
If we’re talking about a blow to the head after sentencing, then no. If we’re talking about a blow to the head (and amnesia) before sentencing, possibly, but unlikely.
It would be difficult, but not impossible, for a prosecutor to get a conviction without your own testimony, if for no other reason than to pick holes in it to impeach your credibility.
Is it possible that amnesia incurred after the crime but before trial would be considered a mental defect rendering you incapable of assisting in your own defense, and therefore prevent you from being tried?