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A situation on identity.

Lord Kenneth

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Nov 25, 2002
Messages
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Here is the situation...:

A man, who is not insane but nevertheless bloodthirsty and cruel, goes on a killing rampage, murdering thousands. He eventually suffers an accident and is inflicted with amnesia, wiping out his memory.

Time goes on, and he develops as if he never was a crazed killer. But the memories of what he once did come back.

Should he turn himself in to be punished by the law? Would that be the more ethical thing to do? Or is he not responsible?

I have my own answer, however I want to read others' replies first.
 
Hmm, tough one, he is essentially a different person. It is similar to Angels situation, except this guy you speak of does not exist in a universe of good and evil, and so has no great fight to take up to redeem himself.

But it would be up to him, does he feel his new life is worthwhile enough to keep it going? If so he should just continue. If he feels his new life is pretty piontless and not helping anyone and never will, he might turn himself in.

But in the end, if you don't believe in souls and that stuff, he is not the same person, and it would be asking a lot for him to be punished for something he didn't do.
 
Lord Kenneth said:
Here is the situation...:

A man, who is not insane but nevertheless bloodthirsty and cruel, goes on a killing rampage, murdering thousands. He eventually suffers an accident and is inflicted with amnesia, wiping out his memory.

Time goes on, and he develops as if he never was a crazed killer. But the memories of what he once did come back.

Should he turn himself in to be punished by the law? Would that be the more ethical thing to do? Or is he not responsible?

I have my own answer, however I want to read others' replies first.
Did you get the inspiration for this question from what I believe was a 1985 case where a man went on a spree of burning down "black people" churches. In the final church burning something exploded, something heavy hit him in the head and knocked him unconscious. The guy sat in the hospital for several days suffering from severe amnesia only to be later arrested for serial arson. I saw that case on Unsolved Mysteries.

Personally, I believe in both cases described, the person who suffered the amnesia is not responsible... it took me several minutes to arrive at that conclusion. Yes, I'm sure anyone can say that but I would guess it takes a fair amount of evidence to prove whether the person truely suffered from amnesia. It is like being born again.

To be punished for a crime that you honestly have no memory of is no different than jailing an innocent man. Almost like punishing someone for crimes commited in a past life. It is not however the same as becoming intoxicated, because while intoxicated you have 2 options: 1. You make conscious decisions and are still held accountable for actions. 2 Youre quietly passed out on the floor.

In actuality, amnesia makes the perfect rehabilitation. Imagine how different the world would be if we could make dangerous people complete forget everything, and become functioning non-threatening members of society. The only fault comes when the memories return.
 
Welcome back Lord Kenneth (great new nic!)

I think approximately same situation could develop without amnesia. Like getting stranded on a desert island for an extended period of time.

I could see this person reflecting on past actions and coming to the conclusion that the death and destruction they imposed on others was simply impulse, of no real benefit to themselves and detrimental to the people they inflicted themselves on.

As to the punishment part of the equation, it seems to me that punishment is an inducement not to repeat the action. Sort of like a young child touching a hot electric stove. They quickly learn not to repeat the mistake.

The important part is to learn what you can about your surroundings. You can learn by making mistakes(sometimes quite painfully) or you can learn by observation and/or reason. The main point being to get through life as smoothly and enjoyably as possible.

If I was this hypothetical person, I would not offer myself up to punishment by society. I may have to live with my past, but that is something we all have to live with, and no amount of punishment is going to change that.

Once a person has reasonable control of their emotions and feels they have learned, past misdeeds slowly fade into the back of their mind and only occasionally come to the surface. Carrying around a load of guilt about your past is simply nonproductive, although for minor misdeeds, offering an apology might ease pangs of conscience faster.

Emotional control is something that can be quite hard to learn and no one ever gets it totally right.:)
 
But in the end, if you don't believe in souls and that stuff, he is not the same person, and it would be asking a lot for him to be punished for something he didn't do.

From a legal standpoint, he is indeed the same person.

Should he turn himself in? That's up to him. I wouldn't turn myself in.

If you knew him, and you found this out, should you turn him? I think so. Purely biologically, he's the same person. He may not feel like going on a killing spree just this instant, but how do you know that whatever set him off before won't set him off again?
 
BobM said:


From a legal standpoint, he is indeed the same person.

Should he turn himself in? That's up to him. I wouldn't turn myself in.

If you knew him, and you found this out, should you turn him? I think so. Purely biologically, he's the same person. He may not feel like going on a killing spree just this instant, but how do you know that whatever set him off before won't set him off again?

Would you turn yourself in if you had never had the memory wiped Bob :) ?

And I agree with you - you are more than the sum of your memories. You would have to know what caused the killing spree in the first place and if for example it has a physiological (and some people argue all mental and emotional responses are physiological in nature) basis like hard to control temper due to excess testosterone, psychopathy (where people with this have abnormal brain patterns) etc then merely wiping a person's memory may not effect these "brain behaviours" so much.

Sou
 
There is a lot to think about here.

This gets stright to the illusiory nature of 'self'.

But legaly, he is in the body that commited the crime, so he is guilty. If he should turn himself in or not is a great debate.

This gets striaght to the standard of care issue as well. If someone suffers from alcoholic seizures or blackouts , are they culpable for the crimes they commit while intoxicated? They are yes, because they did not exercise the care to not become drunk.

If I was that person, I don't know what I would do, are they going to kill thousands of people again.

The point to punishment is remove the potential for future harm from society.
 
Answer - You should be locked away in a Lunatic Asylum and Prison for the Criminally Insane before you have a chance to act this fantasy out.

I'm sorry all, but I don't see a change yet... call me skeptical. :(
 
BobM said:

If you knew him, and you found this out, should you turn him? I think so. Purely biologically, he's the same person. He may not feel like going on a killing spree just this instant, but how do you know that whatever set him off before won't set him off again?

Environment is just as much a factor as genes.
 
This situation has nothing to do with me.

The problem with some of these replies is that some people instantly assume that because he is a mass serial killer, he is insane. You don't have to be insane to kill people-- in fact, I'm sure most murderers are not insane.
 
Should he turn himself in to be punished by the law? Would that be the more ethical thing to do? Or is he not responsible?

Should not turn himself in.

No ethics involved unless someone else is being punished for his deeds.

He is responsible, but that's purely academic if no one knows but him.
 
Let's modify it a bit.

Now, let's use the exact same situation.. but through the eyes of a third party.

Would YOU turn him in? Providing you yourself would not directly benefit (no reward or anything).
 
Lord Kenneth (DC, whatever),

It's a great question. Besides going to the issue of identity, it speaks to the issue of the purpose of criminal justice.

There are differing schools of thought for the justification for punishment. Some believe it to be for deterrence, whether it is general or specific. Others believe punishment is rightfully meted out as retribution.

Under the retribution model, I suppose one might conclude that the victims and society and justice demand that the perpetrator of the crimes pay for it. Thus, turning the guy in might be seen as justified. On the other hand, even under the retribution model, if one does not regard the guy as the same person, then it's not fair to make the newfound identity pay for someone else's crimes.

Under a deterrence model, it depends on whether you favor general or specific deterrence.

If general deterrence is the goal (deterring others from committing similar crimes) I can understand a justification for turning the guy in. If you punish him, you are deterring others from committing murder. This is so even if one regards him as a different person. Not punishing him might encourage others to fake an amnesia defense. As a society, we cannot allow that.

Under specific deterrence, I suppose it depends on what motivated him to kill in the first place. As Sou points out, we are most likely more than just the sum of our memories. Therefore, just because the guy doesn't remember the crimes doesn't mean he isn't predisposed to commit them again. Under your facts, you have it as given that the guy is a serial murderer. Thus, one can conclude that some anti-social pathology likely led to his killing repeatedly. It cannot be ascribed simply to an instance of a crime of passion or opportunity.

Under specific deterrence, I suppose one might turn the guy in. I can also hypothesize rationales for not turning him in under specific deterrence, depending on how truly changed the guy is.

AS
 
Lord Kenneth said:
This situation has nothing to do with me.

The problem with some of these replies is that some people instantly assume that because he is a mass serial killer, he is insane. You don't have to be insane to kill people-- in fact, I'm sure most murderers are not insane.

First of all, you yourself called him a 'crazed killer' in your first post :rolleyes:

Second of all, he went on a 'rampage, murdering thousands'

Given the information present we can only assume he was insane at the time, by any reasonable definition of insane.

And I agree, you don't have to be insane to kill people, it can happen for all kinds of reasons. But you do have to be insane to kill thousands of people on a 'killing rampage' in a 'crazed state'.
Unless of course, this guy was in some war, in which case the details would have been nice.

I wouldn't turn myself in, not unless I felt I was not totally in control of my own actions. And I don't know if I would turn someone else in..... depends on what he is like now, but I would probably rather be safe then sorry and let the courts decide whether he should be punished.

Adam
 
Now for my answer.

If materialism is true, then only matter creates conciousness(or more accurately forms conciousness as a process of matter).

Now, what seperates a person from being another person? Different particles, yes, and the body's entire configuration of them.

Every nanosecond (and of course even before that) we change, even slightly, as our molecules and such change and shift. What we usually define as the same person is actually a different person, who is the same except with a few miniscule differences.

Such is why you are a different person than the one you were yesterday, an hour ago, or even a minute ago. The exact amount of chemicals in your body and variations of them are different-- this isn't dualism, where the mind and body are seperate, but materialism, where we are the process of matter and energy, physical processes.

You will always share the same genes, of course, with your past and future selves. This does not, however, account for environment, which forms who we are as well.

It is hard to explain, so I hope nobody understand what I was saying or trying to express...

Our memories tell us what we did in the past and our current mindset and base personality interacts with it to basically make up our entire personality and ideas. The man in the example's personality has changed as a result of the loss of his memories, and he has developed with making new ones, so my verdict is the man is a new person and should not be punished for what a man who is no longer existing (and is no longer similar to) did.

Here's an extention:

Now, the man who killed all those people is dead, but an mad scientist re-creates him with all his past murderous memories... what he was like before he got knocked out and had amnesia. He may or may not get the memories the guy had after he got amnesia, but it doesn't matter, the doctor creates the man to have the same personality he had when he was killing people.

But, this is not the same man, the same particles are not making him up, only different ones, a copy of it. So one can say that he did not kill all those people, that this new man is just a clone with the memories implanted.

Should this new man be jailed? Punished?




Basically, while it may be different particles and slightly different atomic and chemical configurations in the body, people define who one is in a more general and not exact sense.
 
slimshady2357 said:


First of all, you yourself called him a 'crazed killer' in your first post :rolleyes:

Second of all, he went on a 'rampage, murdering thousands'

Given the information present we can only assume he was insane at the time, by any reasonable definition of insane.

And I agree, you don't have to be insane to kill people, it can happen for all kinds of reasons. But you do have to be insane to kill thousands of people on a 'killing rampage' in a 'crazed state'.
Unless of course, this guy was in some war, in which case the details would have been nice.

I wouldn't turn myself in, not unless I felt I was not totally in control of my own actions. And I don't know if I would turn someone else in..... depends on what he is like now, but I would probably rather be safe then sorry and let the courts decide whether he should be punished.

Adam

Oops, I did make mistakes, although I did first specify he was not insane.

He could have killed them for any reason... not liking their personalities, their political alliegence...
 
This is not really a very logical scenario but I'll give it a try using the assumption that I was the only witness to the atrocities.

If I know what this person has done in the past, and I can satisfy myself 100% that this person will never have a negative impact on my existence I would not turn him in.

The problem with meeting this standard is that there is no known way I can achieve anywhere near this level of certainty.

This leaves me with only two possible choices I am aware of.

1) Turn him in and hope he never escapes or is released back into society.
I've got a problem with this one because the assumption is that I'm the only one aware the atrocities. Therefore I would have to testify and that means his word against mine. Might not convict even with other circumstantial evidence. This would put me in serious jeopardy. I think I'll pass on that one. To iffy.

2) Find the means and opportunity to take him out myself. Some serious planning will be necessary to ensure success and avoid prosecution. Rather unpalatable, but that seems like the way to go.

Just thought of one more choice that might be used by some others.

Do nothing and hope for the best.
 
All quotes in bold originally posted by Lord Kenneth
Now for my answer.

If materialism is true, then only matter creates conciousness(or more accurately forms conciousness as a process of matter).


So you're asking this question using the assumption that materialism is true? In my opinion the guy should be turned in for definite then :)

Now, what seperates a person from being another person? Different particles, yes, and the body's entire configuration of them.

If "entire configuration of them" also involves the occupation of a different space at the same time then I agree totally with this. I think this is a very important separation:p


Every nanosecond (and of course even before that) we change, even slightly, as our molecules and such change and shift. What we usually define as the same person is actually a different person, who is the same except with a few miniscule differences.

Indeed but each different particle is miniscule and so similar as to be undiscernable. If I took 10 red bricks from house and replaced them with 10 other red bricks is my house a different house?

What I'm trying to say here is that I think your definition of a different person is stretching it a little. If I cut my fingernails or my hair I've lost a fair bit of particles there - lost it - not replaced it, but am I a different person?

Such is why you are a different person than the one you were yesterday, an hour ago, or even a minute ago. The exact amount of chemicals in your body and variations of them are different-- this isn't dualism, where the mind and body are seperate, but materialism, where we are the process of matter and energy, physical processes.

But the exact amount are so negligibly different that it makes in effect no difference. If I put a molecule of orange juice into my pint of water - I still have water.

You will always share the same genes, of course, with your past and future selves. This does not, however, account for environment, which forms who we are as well.

Although there is more and more research that shows us that genetic factors are maybe more important than we'd previously thought. Adopted people often share things like mental characteristics, preferences and body shape with their birth families. I watched a programme once about it (that's as good a cite as you get from me ;)) Two twin girls were brought up by two different families - one in a "health conscious" gym orientated family. The other in a more relaxed McDonalds type family. They both weighed within a couple of pounds of each other. Although in my opinion the health conscious one looked slightly better toned.

So it doesn't look like the influences are 50% genetic and 50% environment.

It is hard to explain, so I hope nobody understand what I was saying or trying to express...

I hope that's not precisely what you meant to say here :eek:

Our memories tell us what we did in the past and our current mindset and base personality interacts with it to basically make up our entire personality and ideas. The man in the example's personality has changed as a result of the loss of his memories, and he has developed with making new ones, so my verdict is the man is a new person and should not be punished for what a man who is no longer existing (and is no longer similar to) did.

We are a tabula rasa? Current thinking does not support that idea. We are hard wired for language, possibly religion and certain views of the world. We are influenced by our chemical make up. It's not your memories that make a person prone to depression, it's the chemical make up in your brain.


Here's an extention:

Now, the man who killed all those people is dead, but an mad scientist re-creates him with all his past murderous memories... what he was like before he got knocked out and had amnesia. He may or may not get the memories the guy had after he got amnesia, but it doesn't matter, the doctor creates the man to have the same personality he had when he was killing people.

But, this is not the same man, the same particles are not making him up, only different ones, a copy of it. So one can say that he did not kill all those people, that this new man is just a clone with the memories implanted.

Should this new man be jailed? Punished?


So the crux of your argument is basically because this man is made up of different atoms than the original man - he is not the same man. Even though he will feel he is the same man and indeed like you say - we are slightly different from nanosecond to nanosecond and ever onward.

I feel your argument carries a big problem - if you feel that the man should not be punished then you have to explain why the original man (under your argument that we are the same but different on a moment to moment basis) should be punished for his crimes - or indeed why anyone should be punished for their crimes.

To me - if you believe in materialism then the man's consciousness is recreated, in effect "he" is recreated as a materialist should feel there is nothing special about consciousness - thus he should be punished. If you feel it is a different "he" then you would have to explain why.

Basically, while it may be different particles and slightly different atomic and chemical configurations in the body, people define who one is in a more general and not exact sense.

That's because we know we are a continuous person, I'm guessing we assume that others too have that sense of self because we do - then we go to university and start contemplating our navels :p.

It's nothing to do with defining people in a general and inexact sense and all to do with the first person evidence that we have of ourselves - in my opinion.

Sou
(Edited for emphasis)
 
Soubrette said:
All quotes in bold originally posted by Lord Kenneth
Now for my answer.

If materialism is true, then only matter creates conciousness(or more accurately forms conciousness as a process of matter).


So you're asking this question using the assumption that materialism is true? In my opinion the guy should be turned in for definite then :)

No, my answer, not the question.

Now, what seperates a person from being another person? Different particles, yes, and the body's entire configuration of them.

If "entire configuration of them" also involves the occupation of a different space at the same time then I agree totally with this. I think this is a very important separation:p

That's a given, because I already mentioned theyare different atoms.

Every nanosecond (and of course even before that) we change, even slightly, as our molecules and such change and shift. What we usually define as the same person is actually a different person, who is the same except with a few miniscule differences.

Indeed but each different particle is miniscule and so similar as to be undiscernable. If I took 10 red bricks from house and replaced them with 10 other red bricks is my house a different house?

Yes, but as is with people, the difference is miniscule. Your house, afterall, has changed.

What I'm trying to say here is that I think your definition of a different person is stretching it a little. If I cut my fingernails or my hair I've lost a fair bit of particles there - lost it - not replaced it, but am I a different person?

You are a different person, in body, maybe not brain (disregarding changes in brain independent from losing hair or fingernails).

These differences, however, are so small they are negligible.

Such is why you are a different person than the one you were yesterday, an hour ago, or even a minute ago. The exact amount of chemicals in your body and variations of them are different-- this isn't dualism, where the mind and body are seperate, but materialism, where we are the process of matter and energy, physical processes.

But the exact amount are so negligibly different that it makes in effect no difference. If I put a molecule of orange juice into my pint of water - I still have water.

You have a glass of water with a "molecule of orange juice".

There is a difference, but it is so small that we cannot detect it. Just because it is so small, however, doesn't make it the same.

You will always share the same genes, of course, with your past and future selves. This does not, however, account for environment, which forms who we are as well.

Although there is more and more research that shows us that genetic factors are maybe more important than we'd previously thought. Adopted people often share things like mental characteristics, preferences and body shape with their birth families. I watched a programme once about it (that's as good a cite as you get from me ;)) Two twin girls were brought up by two different families - one in a "health conscious" gym orientated family. The other in a more relaxed McDonalds type family. They both weighed within a couple of pounds of each other. Although in my opinion the health conscious one looked slightly better toned.

So it doesn't look like the influences are 50% genetic and 50% environment.

I don't know, but environment certainly is more of a factor in shaping personality and such than it is in shaping the body...

It is hard to explain, so I hope nobody understand what I was saying or trying to express...

I hope that's not precisely what you meant to say here :eek:


Oops.

Our memories tell us what we did in the past and our current mindset and base personality interacts with it to basically make up our entire personality and ideas. The man in the example's personality has changed as a result of the loss of his memories, and he has developed with making new ones, so my verdict is the man is a new person and should not be punished for what a man who is no longer existing (and is no longer similar to) did.

We are a tabula rasa? Current thinking does not support that idea. We are hard wired for language, possibly religion and certain views of the world. We are influenced by our chemical make up. It's not your memories that make a person prone to depression, it's the chemical make up in your brain.

I never said it wasn't.

However, our memories help us shape our personalities. If you hate someone, you aren't going to hang around them. If you have bad experiences with a certain group of people, you most likely aren't going to be like them. How you are raised is a large factor in how you act. This does work together with genetics, though.

Here's an extention:

Now, the man who killed all those people is dead, but an mad scientist re-creates him with all his past murderous memories... what he was like before he got knocked out and had amnesia. He may or may not get the memories the guy had after he got amnesia, but it doesn't matter, the doctor creates the man to have the same personality he had when he was killing people.

But, this is not the same man, the same particles are not making him up, only different ones, a copy of it. So one can say that he did not kill all those people, that this new man is just a clone with the memories implanted.

Should this new man be jailed? Punished?


So the crux of your argument is basically because this man is made up of different atoms than the original man - he is not the same man. Even though he will feel he is the same man and indeed like you say - we are slightly different from nanosecond to nanosecond and ever onward.

Not because he is made of different atoms, but because his entire body is not in the same atomic configuration. He may be similar enough to be considered by our standards to be the same man, but truthfully he really isn't.

You keep on implying dualism in your arguments... conciousness is a product of brain activity, whether you know it or not, you seem to be implying that who we are is independent of that.

I feel your argument carries a big problem - if you feel that the man should not be punished then you have to explain why the original man (under your argument that we are the same but different on a moment to moment basis) should be punished for his crimes - or indeed why anyone should be punished for their crimes.

To me - if you believe in materialism then the man's consciousness is recreated, in effect "he" is recreated as a materialist should feel there is nothing special about consciousness - thus he should be punished. If you feel it is a different "he" then you would have to explain why.

Me: Man with amnesia should not go to jail, he has developed anew under different circumstances learning things again for the very first time.

Recreated man, however, is similar enough by our standards to be jailed for the crime.

Basically, while it may be different particles and slightly different atomic and chemical configurations in the body, people define who one is in a more general and not exact sense.

That's because we know we are a continuous person, I'm guessing we assume that others too have that sense of self because we do - then we go to university and start contemplating our navels :p.

It's nothing to do with defining people in a general and inexact sense and all to do with the first person evidence that we have of ourselves - in my opinion.

It doesn't matter if we "know" we are the same person. Also, it doesn't matter if a person's existence is continuous or not.
[/QUOTE]
 
LC

One quick point - it is you that seems to be espousing some kind of dualism. It is you that seems to be saying that memory or consciousness is something special to a specific individual so much so that even an exact copy of that individual is different.

I am merely taking the Material pov that consciousness is nothing special - if you recreate me - you recreate my exact same consciousness thus to all intents and purposes you have two mes.

Both cupable because both are me.

Sou
 

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