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one relevant question would be - 'what is the purpose of punishment?'
it seems to me there are three likely answers:
1) Retribution - this is society's way of getting revenge on a criminal - in this case the 'amnesiac criminal' deserves punishment because, in fairness, it isn't about her in the first place - but really about society's rights/obligation for retribution.
2) Example - this suggests that punishment is society's way of teaching good behavior to others - (and the reason some people want the death penalty as a deterrent). In this case I think its a toss up - if society wants to be 'zero tolerance' you should be punished, if they want to 'teach' rational mercy, the no.
3) Reform - in this case society uses punishment to correct an idndividuals bad behavior and reform their character. In this case, it seems to me, if you really had no memory of the crime or the reasons you committed murder, then no, you should not be punished.
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Winner HDC Battle Royale I & HDC Battle Royale IV
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