If a criminal becomes crippled during the arrest, will he still go to trial?

Question

A murderer is running away from the police but he fell off the building in the shootout. He becomes paralyzed and spent several months in ICU and in the end could barely move or talk. The police have very solid evidence and witness for prosecution, will the attorney still bring on the trial? If so do they have special facility for keeping this people? Question for UK, Europe and US.

Answer 1

There are two possibilities here - first is voluntary dismissal given the hardship to the accused.  In New York, there is a provision (somewhere in Art. 210) for a case being dismissed in the interest of justice, even if it's otherwise a valid case.  Factiors include the seriousness of the offense and resulting harm and the chaarcter of the accused as well as the strength of the prosecutor's case.  Likely this would exclude a murder case for obvious reason (also, gievn the court of public opinion, if the case is apparently strong enough and publicly visible, the accused has a very good reason to go for trial, even though an acquittal is not the same as an exoneration, it goes a farther distance in clearing a wrongly accused man or woman than does a straight dismissal of a still viable accusation.

There is a second more likely avenue.  Defendants in NY are afforded the right to a trial while having the capacity to assist in their defense.  This means that if they are incapable of assisting in their own defense due to mental disease or defect (and that would likely include a guy who couldn't talk) then (see NY CPL art. 730) they would be entitled to have their case dismissed.  (This is often confused with the insanity defense which governs the mental condition of an accused at the time of crime, not trial).  Misdemeanor cases dismissed for 730 reasons are just dismissed.  Felonies are dismissed but not with prejudice - they can be briought again, and the accused is then committed, civilly to a special facility.

Answer 2

after hes gose to the doc and getz better yes if his/hir condishone is bad unuf!!!

good luck finding ur answer

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Answer 3

Yes, but he gets special care. It also determines what the injury is, if he broke an arm or leg, or even legs, then they'll help him until he figures out to help himself, if he lost a leg or so, same thing. And if its worse like he cant talk or has a broken spine, they put him in a special facility in the jail where all the ''nice'' prisoners are.

Answer 4

In the United States the answer is yes.  Each District Attorney has discretion in prosecution however they will certainly prosecute a case with strong evidence.  And they should.  Most prison systems have a "Special Needs" unit now.  I would just as soon my taxpayer dollars keep him in a hospital bed in a prison as in a public hospital.  If you can't do the time, don't do the crime.

Answer 5

Yes, he will stand trial. His medical condition will not exonerate him from prosecution.

The only medical defense is when the condition prevents him from understanding the charges against him.