OK Bea Smith is being transferred back to her prison and the van rolls off the highway. She is OK but now suffers amnesia. She can’t remember anything about either murder she is in jail for committing. She only remember before the crimes.
This is confirmed as legitimate. She isn’t faking. So would there be any chance on her getting released? (On
Prisoner Cell Block H she almost got released till Margo and her mob bashed her and she got her memory back)
How can you confirm someone isn’t faking amnesia? It’s not like she’s going to say “Oh, yeah! I do remember that after all!” Gimme a break.
I can’t tell if you’re discussing a real or a fictional case. In either event, I can see no reason for releasing a convicted person merely because her memory malfunctions. If she was convicted, her later state of health has no bearing on that conviction. If she did the crime, she is doing the time.
It might become an issue at trial if a person could not assist in her own defense.
I imagine there are many older prisoners, sentenced to life terms, who lose parts of their memory due to strokes, Alzheimers, etc. That’s still not a basis for letting them go. If they are released on grounds of poor health, it’s not due strictly to loss of memory but their overall failing health.
As I see it, the reason to put people in jail is because you no longer trust them in common society.
So this woman has no memory of her past crimes. Why does that make me trust her MORE to behave?
Well there is an argument that says you put people away until they repent. If that were the real use of prison the OP’s suggestion about early release would hold.
As I see it (and for once I’m sure most people agree) Cardinal has it about right. Prison is about justice (revenge?) and protecting the public. As such, you did the crime you do the time.
Also, I have read accounts of defendants who say they were so under the influence of alcohol or drugs that they have no memory of the time during which the crime took place. This hasn’t stopped courts from convicting them. All the prosecution needs is the ability to convince a jury and/or judge that the defendant should be found guilty.