A man sentenced to die for the coldblooded murder of another man, is given an operation to remove a tumor from his brain. When the tumor is removed, he becomes a docile individual with no memory of the murder he committed. He is retried. Will he be found not guilty this time? Written by
Did You Know?
Ironically, here in Canada the law against committing a murder in the course of a crime has been struck down as being against the principles enshrined in our Charter of Rights and Freedoms. This was due to the fact that it violated the principle of mens rea (guilty mind), in that anyone who killed a person while committing a crime was subject to life imprisonment even if they didn't know their victim was physically present in the first place (this actually happened in one case, the Galbraith killing). Joseph Creeley could never be charged with murder in the course of a robbery in a Canadian court today. See more
Ironically enough, it is unlikely that Creeley would have been executed anyway due to reasons outside the scope of his trial. The last person to die in the electric chair in New York State was executed in 1963, and the state's death penalty was overturned by the Supreme Court in 1971. There was new legislation to revive the death penalty in 1995, but it was ruled unconstitutional in 2004 by the Supreme Court. Their death row was shut down in 2008, and thankfully, nobody else had been executed by that time; the intended method was lethal injection because Old Sparly, New York State's electric chair, had been scrapped after the 1971 Supreme Court ruling. See more
Det. Adam Flint
We're all responsible for each other. Unfortunately, judging or being judged is part of that responsibility.