Severe retrograde amnesia and guilt

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Thread: Severe retrograde amnesia and guilt

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    Senior Member Array CanuckQue's Avatar
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    Severe retrograde amnesia and guilt

    Amnesia defence raised at murder trial - Nova Scotia - CBC News

    Wayne Paul Eisnor is accused of shooting and killing his estranged wife, Tina Mae Eisnor, in a grocery store parking lot in New Germany in June 2010. Eisnor was also shot, and claims to have no memory of the incident.

    "He had profound retrograde amnesia that spanned six months from January 2010 to June 2010, she said.
    Assuming that his report is true, the amnesia is so severe, he'd not ever remember all of the hostility that eventually lead to the murderous intent. It's a real headscratcher, justice-wise, yeah?
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    Senior Member Array Tzadik's Avatar
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    Just because you can't remember the crime doesn't mean you are absolved of the responsibilities for your actions doing it.
    retrograde amnesia is not multiple personality disorder. (not that that's a valid ex use either) <--- suddenly I an not type the letter between x and v)
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    Sounds convenient to me.
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    He shot his wife then turned the gun on himself. He failed to kill himself, but the damage caused the amnesia.

    He is still responsible for his actions, even if he does not remember them.

    I don't see the conundrum here.
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    Quote Originally Posted by Jeanlouise View Post
    Sounds convenient to me.
    Way too convenient for me, they have enough evidence to “refresh” his memory.
    When you have to shoot, shoot. Don't talk.
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    VIP Member Array blitzburgh's Avatar
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    Hm, he survived a self inflicted shot to the head. Out of curiosity, I tried google-fu to see what caliber was used but I'm coming up empty.
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    Quote Originally Posted by blitzburgh View Post
    Hm, he survived a self inflicted shot to the head. Out of curiosity, I tried google-fu to see what caliber was used but I'm coming up empty.
    Not enough.
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    Senior Member Array CanuckQue's Avatar
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    Yeah, normally I struggle a bit with the whole amnesia conundrum. It's the length of time in this instance that struck me. 6 months? At what point are you no longer punishing the person who actually committed the crime? This is quite different from other types of mental issues, where there's a psychotic break. With psychoses, we act like the person was debilitated from making sound decisions. With multiple personalities, though, isn't it more of a "the person in jail is not the person who did the crime"?

    All these musing are assuming (for the sake of hypothetical discussion) that the amnesia is real. I'm just running with it. There're nearly a billion people in the developed world, so we're going to run into outlier cases occasionally.
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    Give him the needle he won't remember that either.
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    Senior Member Array Tzadik's Avatar
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    So by the defense logic, if I drink myself to the point of blacking out, I'm not responsible for running over a few pedestrians... because I can't remember doing it.

    please

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    Ah yes. The old "If I can't remember doing it, then I didn't do it" defense.

    A good Defense Attorney (or whatever they are called in Canada), a wonderfully new descriptive name, "Severe Retrograde Amnesia" and a new twist on and old defense mechanism.

    Maybe the guy will forget to pay his Defense team for their efforts.
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    Quote Originally Posted by CanuckQue View Post
    Amnesia defence raised at murder trial - Nova Scotia - CBC News



    Assuming that his report is true, the amnesia is so severe, he'd not ever remember all of the hostility that eventually lead to the murderous intent. It's a real headscratcher, justice-wise, yeah?
    There is a psychological event called a Fugue State. I'll let this definition say it (Wikipedia, not bad definition):

    "A fugue state, formally dissociative fugue or psychogenic fugue (DSM-IV Dissociative Disorders 300.13[1]), is a rare psychiatric disorder characterized by reversible amnesia for personal identity, including the memories, personality and other identifying characteristics of individuality. The state is usually short-lived (ranging from hours to days), but can last months or longer. Dissociative fugue usually involves unplanned travel or wandering, and is sometimes accompanied by the establishment of a new identity."

    Whether this was what the person you refer to had or is claiming I don't know. Some say OJ was in such a state while killing his wife and the guy, NOT BEFORE, DURING. In other words, he doesn't believe, or believe on the surface, he did it. This is NOT the same as insanity DURING and act of murder far as I know, it would come up AFTER the choice to kill was made and executed. But that's what I believe. You'd need to read up on it to know the real ins and outs of this. It is rare occurrence by the way and does often involve a lack of memory of identity, so this may not fit the case you bring up.

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    Sorry, but even if you don't remember committing the crime, you were still the type of person that lead to that crime, and you still are that danger, and you still did commit it.

    Drunk drivers OFTEN don't remember the night they drunk drove and killed someone. Yet, they still were the type of person that would get hammered and go drive a car, and therefore still get put in jail for the life they've taken.

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    VIP Member Array blitzburgh's Avatar
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    CanuckQue, do you recall if the local media coverage ever mentioned what caliber was used? None of the articles I've came across have any mentions of it.
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    Senior Member Array CanuckQue's Avatar
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    Quote Originally Posted by grbr View Post
    Sorry, but even if you don't remember committing the crime, you were still the type of person that lead to that crime, and you still are that danger, and you still did commit it.

    Drunk drivers OFTEN don't remember the night they drunk drove and killed someone. Yet, they still were the type of person that would get hammered and go drive a car, and therefore still get put in jail for the life they've taken.
    Yeah, that argument has some traction, for sure. That's why the '6 months' in this instance leaped out at me.

    Quote Originally Posted by blitzburgh View Post
    CanuckQue, do you recall if the local media coverage ever mentioned what caliber was used? None of the articles I've came across have any mentions of it.
    No idea.
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