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Should a person suffering from Alzheimer's or Dementia who is discovered to be murderer be jailed

Postby Netherrealmer » 01 Apr 2025, 15:15

Imagine this scenario: a video confession and a detailed diary surface, providing irrefutable evidence that an elderly individual, now suffering from advanced dementia and lacking any discernible sentience, committed a brutal murder during their teenage years. This crime, long unsolved, has haunted a community for decades. Now, with this newfound evidence, the question arises: should this person be brought to trial?

On one hand, the victim and their family have endured unimaginable suffering, their lives forever altered by this heinous act. The desire for justice, for accountability, is a fundamental human instinct. The evidence is clear, the crime is proven, and the perpetrator, in their youth, committed an act that demands consequences. Shouldn't the legal system, designed to uphold justice, act accordingly? Ignoring this evidence feels like a profound injustice to the victim and their loved ones, a dismissal of their pain.

On the other hand, the individual in question is no longer the same person who committed the crime. Advanced dementia has stripped them of their cognitive abilities, their memory, and their capacity for understanding. They exist in a state of profound vulnerability, unable to comprehend the accusations or participate in their own defense. What purpose would a trial serve in this context? Would it be a pursuit of justice, or a form of cruel and unusual punishment inflicted on someone who no longer possesses the faculties to understand it? Is it ethical to subject a person in this fragile state to the rigors of a legal process?

Furthermore, consider the practical implications. How would a trial proceed? How could a defense be mounted for someone who cannot communicate or recall the events of their past? What would be the psychological impact on the victim's family, the community, and even the legal professionals involved? Would a trial provide closure, or simply inflict further pain?
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Re: A Mind Erased, A Crime Revealed: What Now?

Postby Fergal » 04 Apr 2025, 05:02

I can understand that the family would want justice and I would probably be the same myself. On the other hand there is probably nothing to be gained from punishing someone "suffering from advanced dementia". They are already suffering from a terrible disease and it is unlikely that they would understand or learn from the punishment in any way. It is also most probably impossible for them to re-offend.
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Re: Should a person suffering from Alzheimer's or Dementia who is discovered to be murderer be jailed

Postby Netherrealmer » 10 Apr 2025, 13:23

I got this idea because one of the people in the Epstein list is currently suffering from dementia.
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Re: Should a person suffering from Alzheimer's or Dementia who is discovered to be murderer be jailed

Postby eldavis » 10 Apr 2025, 15:13

I think setting up a trial would simply open up old wounds for the family. The offender being in that state is already punishment on it's own. Though knowing who did the act might act like some sort of closure for the family of the victims.
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