This is a bit of a tricky legal question about which I’ve always wondered.
What would happen if one member of a siamese twin pair commited a crime, say something serious like murder? At least something involving jail time as neccessary, not just a finable offense. Say there were many witnesses, even video of the other one trying to stop them.
I know that there have been fictional accounts of this, but those are only speculation. What would the US legal system do about such a case?
I don’t think this is written into law or has a legal precedant.
I do know that Change and Eng Bunker once appeared before a North Carolina judge for some sort of assault involving one of the two, a pocket knife, and some other individual but I think that was resolved with a fine - although certainly your dilemna was a factor and may have had something to do with it being a fine rather than jail time… Other than that, I’m not aware of conjoined twins getting into legal trouble.
Normally, the law operates under the principle that it’s better for a guilty man to go free than for an innocent man to be punished. So I’d think that if there was a manditory sentencing law that left prison as the only option, then they’d have to acquit the guy or else his innocent twin would be sent to jail unjustly.
On the other hand, the prosecution would probably try to make a case that the “innocent” twin was an accomplice or failed to stop the crime. And he’d be a witness…but would the right not to give self-incriminating testimony apply? A Siamese twin could argue that the other twin could never be made to testify against him, because doing so would be an unequal application of the Fifth Amendment (having a Siamese twin who sees everything you do is not a handicap most citizens must endure).
I have a feeling this is the legal equivalent of the “Can God make a hole so big that he cannot jump over it?” question.
Big difference between the two. Being an accomplice to a crime is a crime in itself. Merely failing to prevent one is not in most (all ?) jurisdictions.
Zev Steinhardt
They would convict him. It’s the sentencing part that would be tricky.