Quora Answer: If One of Conjoined Twins Commits a Crime, How Would the Criminal Justice System Handle It?

The following is my answer to a Quora question: “If one of the conjoined twins commits a crime, how is that dealt with by the criminal justice system?”

This is an interesting conundrum, and thankfully, it has never occurred, to my knowledge.

Firstly, we must understand that it is establish that conjoined twins are treated as distinct persons.  Each of them has their own legal identification.

Secondly, we must also understand that it is established that while both twins are present in the commission of an offence, mere presence does not make the other party an accessory to the offence.  Their culpability in the commission of the offence must be independently established.

Finally, the real conundrum occurs in the case where a crime is committed that requires a custodial sentence, or even capital punishment. In the former case, it is likely that the state would arrive at some compromise, such as home detention, or probation, of possible.  In the latter case, there would be no execution since the state does not have the legal right to kill an innocent person, and the execution of the guilty twin would result in that.  This is similar to the principle that a pregnant woman is no executed until after birth and nursing.