Conjoined Twins and the Penal System

Since the age of Enlightenment, Western legal philosophy has prioritized the protection of innocents over the prosecution of the guilty. If this debate was simply "This House Would imprison an innocent person to stop crime", it is likely that proposition would lose. However the egregious and specific nature of this legally unprecedented conundrum naturally defies the conventional legal norms and values the West has developed in the past 300 years. I would like to mention that alternative solutions, such as lobotomizing Harold or empowering Stephen with a shock mechanism he can use to control Harold, are not in the spirit of this debate. The resolution was specifically designed to tackle very heavy philosophical and legal themes, not provide Con with a loop-hole and quick win. It is assumed in this debate that we are operating under traditional Western law, so no spectacular or extra-legal solutions can be used. Remember, Cons BOP was described as "Con will argue that a legal individuals' rights cannot be compromised despite this drastic situation." in round 1. Legal Impunity for a Killer and the Obligation the Legal System has to its' Society What are the implications of allowing a murderous misanthropist to roam freely, unchecked, and left to his own devices? They are obviously disastrous; a criminal will operate freely and exercise his evil at his every whim. He only needs to subdue his brother, and he can wantonly indulge in savage ignominy as he butchers babies and murders mothers. Harold could literally walk around with a knife stabbing people as he crosses the street, and the law could never hold him accountable as he has an unwilling legal hostage sharing his flesh. He could walk up to schools, nurseries, government buildings, non-chalantly douse them in gasoline and set them alight. The ruling principle of the legal system and society is the protection of its' citizens; it seems to have an obligation to remove this threat to life, liberty and security of persons from society. But does it also not have an obligation to protect the rights of a citizen, and safeguard him from being penalized for a crime he did not commit? Obviously one of these obligations, these fundamental goods, must be breached. How do we determine which is more important? If you are in the camp of the philosophical flaveur-du-jour, Utilitarianism, then the choice is simple. Analyzing the situation from a ratio of suffering to pain, and harm to benefit, to society, it is obvious one would incarcerate the conjoined twins. It is proper to sacrifice the legal integrity and mobility rights of a minority that represents 0.000001% of the population when choosing to NOT incarcerate him is actively sacrificing the much more important rights of life liberty and security of the entire population. Life itself is more important than Stephens right to a fair trial and to not be incarcerated for a crime he did not commit. Incriminating the innocent twin offends our morals because we put value on human life, but we must remember that if society does not exercise its' power to remove him from society, it is actively making the decision to disregard human life that will be diminished and stolen from Harolds free reign. Stephens Moral Obligation to "Take One for the Team" Imagine that Harold has subdued Stephen and is walking towards a nursery with a large rock. He intends to murder the infants in the building with it. Now suppose a police officer is watching and moves in to intervene. Is it unethical for him to tackle the conjoined twins to the ground? It would be committing an act of violence upon a guilty, deserving individual, but also an innocent, non deserving one. But clearly the officer cannot acquiesce to Harold killing the children, so he has an obligation to tackle him; no one reading this debate would think it unreasonable for him to do so. So we can establish that Stephen must sometimes accept punishment for circumstances he cannot control. Accept the reality of the ugly situation and it is obvious that Stephen and Harold must be incarcerated.