# Siamese Twins and the Law

**URL:** https://boards.straightdope.com/t/siamese-twins-and-the-law/235710
**Category:** Factual Questions
**Created:** [March 22, 2004, 12:11pm UTC](https://boards.straightdope.com/t/siamese-twins-and-the-law/235710 "2004-03-22T12:11:23Z")
**Posts on this page:** 6
**Page:** 1

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### Author: ![DanielBester](https://avatars.discourse-cdn.com/v4/letter/d/f17d59/32.png) [@DanielBester](https://boards.straightdope.com/u/DanielBester)
#### Post date: [March 22, 2004, 12:11pm UTC](https://boards.straightdope.com/t/siamese-twins-and-the-law/235710/1 "2004-03-22T12:11:23Z")

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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?

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### Author: ![Broomstick](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/broomstick/32/246_2.png) [@Broomstick](https://boards.straightdope.com/u/Broomstick)
#### Post date: [March 23, 2004, 2:01am UTC](https://boards.straightdope.com/t/siamese-twins-and-the-law/235710/2 "2004-03-23T02:01:56Z")

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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.

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### Author: ![Diceman](https://avatars.discourse-cdn.com/v4/letter/d/22d042/32.png) [@Diceman](https://boards.straightdope.com/u/Diceman)
#### Post date: [March 23, 2004, 2:14am UTC](https://boards.straightdope.com/t/siamese-twins-and-the-law/235710/3 "2004-03-23T02:14:08Z")

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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.

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### Author: ![Hyperelastic](https://avatars.discourse-cdn.com/v4/letter/h/a3d4f5/32.png) [@Hyperelastic](https://boards.straightdope.com/u/Hyperelastic)
#### Post date: [March 23, 2004, 4:46am UTC](https://boards.straightdope.com/t/siamese-twins-and-the-law/235710/4 "2004-03-23T04:46:13Z")

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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.

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### Author: ![zev\_steinhardt](https://avatars.discourse-cdn.com/v4/letter/z/97f17d/32.png) [@zev\_steinhardt](https://boards.straightdope.com/u/zev_steinhardt)
#### Post date: [March 23, 2004, 1:49pm UTC](https://boards.straightdope.com/t/siamese-twins-and-the-law/235710/5 "2004-03-23T13:49:53Z")

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> [@Hyperelastic](#):
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> 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.

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

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### Author: ![Philster](https://avatars.discourse-cdn.com/v4/letter/p/13edae/32.png) [@Philster](https://boards.straightdope.com/u/Philster)
#### Post date: [March 23, 2004, 2:21pm UTC](https://boards.straightdope.com/t/siamese-twins-and-the-law/235710/6 "2004-03-23T14:21:35Z")

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> [@Diceman](#):
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> they’d have to acquit the guy or else his innocent twin would be sent to jail unjustly.

They would convict him. It’s the sentencing part that would be tricky.
