Amnesia And Crime Essay

Amnesia and crime

It is not uncommon that offenders claim memory loss after being charged for crime. According to Kopelman, 1995; 25- 45% of criminals convicted of homicide claimed no memory of the event at various degree. Amnesia is loss of memory triggers by either biological or psychological or both causes; however, it’s not the same as not having the mental status required for a crime.

General accepted that, although a person unable to remember committing a crime doesn’t necessarily mean the defendant didn’t intend to commit it. Thus, this raised several important issue that need to be thoroughly investigate in crime related amnesia.

Schacter, 1986, emphasize of two important legal aspects in related to complaint of amnesia post criminal acts.

1. Issue of automatism.

This issue refers to the offender’s consciousness and the intent while executing the act of crime. This is very crucial for legal responsibility.

2.

American Academy of Psychiatry and the Law (AAPL) defines the service as;

‘subspecialty of psychiatry in which scientific and clinical expertise is applied to legal issues in legal contexts embracing civil, criminal, correctional or legislative matters; it should be practice in accordance with guideline and ethical principles enunciated by the profession of psychiatry’

Amongst the role of forensic psychiatrist in relation to law, are to evaluate an individual's competency to stand trial, fitness to plead, and sentencing recommendations.

Mr. NSS referred for the opinion of forensic psychiatrists twice, on 12th March 2015 until 4th June 2015 and 6th June 2015 until 7th July 2015. In law, the expert opinion of forensic psychiatrist have substantial influence in the determination of whether Mr. NSS is has any mental disorder, fit to stand trial, whether he is responsible for the accused crimes, and whether he is to be sentenced of the