What if someone were a conjoined twin and one twin committed a crime while the other was incapacitated ?

Crayola: What if someone were a conjoined twin and one twin committed a crime while the other was incapacitated ?
Like if one were sleeping and one committed a crime. Say how would the sentencing go on something like that ? One is guilty of a crime therefor must be punished one is innocent of a crime so they shouldn’t be punished.. How would the legal system possibly handle this kind of situation ? Extra points for any sourced examples.

Answers and Views:

Answer by comin101
Probably would put them both in jail

Answer by darkprincess
Good question!

Answer by Jamie
guilt by association? accomplice? accessory to a crime?

Answer by tionghouyuen
Just revisited this issue a while ago. As far as I am aware there are no examples of such crimes and therefore no caselaw in this regard. As to why this is the case, it may be that at in all cases where the crime is committed both persons were aware of its commission.

I would look at it from the fundamental principles revolving around the criminal law. While there is a public interest in punishing offenders, there is a greater interest in ensuring that the innocent are not unfairly prejudiced in pursuing the former. I believe it was said that it would be better for 100 guilty men to go free than to condemn an innocent person and this principle underlies many procedural and evidential rules, most notably the high standard of proof beyond a reasonable doubt placed on the prosecution.

A consistent approach would demand that we do not do anything against the innocent if we truly know he is innocent, and if we are to let one guilty man go free, that is a price the we have to pay. This concession is justifiable in light of the fact it will only be in very rare cases where a criminal twin can commit crimes while his other conjoined twin remains wholly innocent.

One troubling scenario might be where the criminal twin in some way intentionally incapacitates his twin in order to obtain a blank cheque to commit crimes. In this case, notwithstanding the other twin’s innocence the law must respond if it is to protect the public at large from the criminal twin. While there is no precedent of any sort, it may be possible to take measures to restrain the criminal twin (e.g. tying the limbs within his control?) while allowing the innocent twin freedom to move around perhaps with the aid of a mechanized wheelchair. Any hardship to the innocent twin can be justified in light of the fact the restraints also protect the innocent twin from the criminal twin. Should that not be possible, the public’s interest in safety ought to outweigh that of the innocent twin and both will be incarcerated.