If you turn to the page 22 of the May issue of Maxim magazine, you’d find a published abstract of Half Guilty in the form of an answer to the reader-submitted Ask Maxim question “If a conjoined twin commits a homicide, is his other half also convicted of the crime?” While it’s no footnote to a 9th Circuit opinion, it’s got about as much authority as a law review article. Here’s the full submission, excerpted for the column:
1) If a conjoined twin commits a homicide, is their other half also convicted of the crime?
Probably not. Though there has never been an American court ruling on the legal personhood of conjoined twins, a court would likely consider them distinct individuals. To convict someone of a crime in this country, the state must show that she committed a guilty act with a guilty mind. Unless a prosecutor can prove that both twins committed the guilty act (murder) with the guilty mind (intent to commit murder), the state could not convict them both.
2) Can they be considered a witness for testimony?
Yes, the court could compel one twin to testify against the other. While many states recognize a privilege from compelling spouses to testify against each other, there are few, if any, that recognize such a privilege between siblings. However, there are very rare cases of conjoined twins with fused brains; if a court viewed such twins as one person in the eyes of the law, that person could not be compelled to testify against herself under the Fifth Amendment.
3) Are there any known cases of this ever happening?
The 17th century Italian conjoined twins Lazarus and Joannes Baptista Colloredo purportedly skirted a murder conviction thanks to their conjoinment. Authorities arrested Lazarus after he stabbed a man to death for teasing him and his parasitic twin brother. Though he was sentenced to death the court granted him a reprieve, finding that they could not execute Lazarus without killing his innocent conjoined twin.
After traveling the world, exhibiting their intertwined bodies, Chang and Eng Bunker settled down in Blue Ridge Mountains of North Carolina to farm their land and raise families with their wives (sisters to boot). Chang and Eng became quite wealthy — amassing large estates, tended to by some 33 slaves, and large families. In 1865, the throes of the American Civil War, Union General George Stoneman raided the state and set up a lottery to draft all able-bodied men over the age of 18. Whether Chang and Eng Bunker would be considered “able-bodied” for purposes of the Selective Service System is another question (the regulations require that even disabled men who live at home must register with Selective Service if they can reasonably leavetheir homes and move about independently).
According to Clint Johnson’s 2011 travel companion, Touring the Carolinas’ Civil War Sites, the names of the men were put into a lottery wheel. Eng’s name was chosen for conscription but not that of his brother Chang. Besides the fact that both Chang and Eng were ardent Southern sympathizers, Stoneman would have had a hell of a time trying to enlist one brother without the other due to the fusion of the conjoined twins’ livers.
As Rebekah Brooks concludes the story: “Neither brother ended up fighting in the war although both of their eldest sons, Christopher Wren Bunker and Stephen Bunker, joined and fought for the Confederacy. Both Christopher and Stephen survived the war but Christopher was captured and spent nearly a year as a prisoner of war at Camp Chase in Ohio in August of 1864.”
All floating in glass
The sun it is past
Now it’s blacker than black
I can hear as you tap on your jar
The Dutch in old Amsterdam do it
Not to mention the Fins
Folks in Siam do it – think of Siamese twins
Via Cole Porter.
The good folks over at Double Fine, makers of such titles as Brutal Legend, Stacking, and the soon to kickstart Double Fine Adventure, have been using the logo above since 2000. That’s 2HB from the Double Fine Action Comics by Scott C. Take a look around their website for some point and click adventure fun!
Tim Schafer, founder of Double Fine, with a stuffed 2HB!
The following is the next installment in a series of posts which began with the piece, Half Guilty.
At the end of last year, media outlets around the world lit up with news of the birth of conjoined twins in Brazil. The boys, Jesus and Emanuel, exhibit dicephalic parapagus conjoining, the same union as Americans Brittany and Abigail Hensel. They differ in that the share only one set of vital organs. Doctors credit the Hensel twins’ dual set of organs with their success into adulthood. Questions of separation, as always, abound.
Whenever conjoined twins come along, it’s interesting to note how journalist and doctors comment on their individuality. A few examples below:
“A Brazilian baby was born with two heads, named Jesus and Emanuel, but appears to be in good health, according to doctors.” — International Business Times
“Despite all the problems we have as a small interior hospital we managed to save both mother and baby, which was our aim.” — Hospital director Claudionor Assis de Vasconcelos
“They are being monitored by specialists to see how they develop.” — BBC News
In the first two quotes, the commentator refers to the twins in the singular. In the latter quote the writer uses the plural pronoun “they” to signify their duplicative personhood.
The teratologist Saint-Hilaire noted that conjoined twins were given separate names, indicating their individuality, as springing from the practice of baptizing children on their heads. A body with well-formed two heads was therefore baptized once on each head and each received a name.
As science and medicine evolved, so did our longevity. While most conjoined twins would die in infancy 100 years ago, with the advent of modern medicine and an appreciable understanding of conjoinment (Chang and Eng Bunker could have been easily separated), conjoined twins can survive well past infancy and into adulthood. This allows us to appreciate the separate personalities that conjoined twins take on as the grow older, giving credence to the argument that there are in fact two individuals present in one entangled body.
One could argue then that under this logic a person exhibiting multiple personality disorder should be granted personhood for every personality in their brain. Regardless of the fact that multiple personality disorder lacks the physical component of conjoinment, the difference lies in the fact that multiple personality disorder, at least in theory, is curable.
“But wait!” the skeptic shouts, “conjoined twins can be separated!” A brilliant segue indeed.
Simultaneously with the news of Jesus and Emmanuel’s births came the news of the possibility of separation. “A lot of work is needed, in terms of scans and tests, before doctors will know if they can separate them or not, and just how organs and blood vessels are shared and linked. It takes quite a while before they can decide how feasible [separation] is.” — Patrick O’Brien, a spokesman for the UK’s Royal College of Obstetrician and Gynaecologists. Later, doctors would reveal that separating the twins is not an option because they share a set of organs. Attempting to separate them would be to kill one if not both of them (see Jodie and Mary).
Days before the birth of Jesus and Emmanuel, Chilean conjoined twins Maria Paz and Maria Jose (pictured above) made their way into the news. When the girls were 10-months old, doctors assessed their conjoinment and determined that separation was feasible. The 20-hour surgery took place and doctors deemed it a success. A week later on December 18, 2011, the news dropped: “A 10-month-old girl who was surgically separated from her conjoined twin died Sunday after suffering general organ failure, said the director of a Chilean children’s hospital.”
Despite all the science, all the innovation, and all the careful planning, their success became a failure with the death of one of the twins. They “were so preoccupied with whether they could that they didn’t stop to think if they should.” Alice Dreger is a bio-ethicist who continues to ask the question: should we separate conjoined twins? When conjoined twins come along, doctors’ first instinct is to wonder if they can be separated to give them a better chance at a “normal life.”
The thinking goes that we want people to be able to live the most normal life possible and conjoinment stands inapposite to that goal. But Dreger rebuts this assertion; perhaps conjoinment is what’s normal for them. For all the risk and possible little reward (rendering one as less than the Platonic ideal, reducing mobility in both twins, risking death), why does science encourage dangerous separation procedures? Instead, why not reconsider normal and accept that perhaps their conjoinment, their entanglement is the norm for these twins. If they can live full lives together, why are we so eager to rip them apart?
For Jesus and Emmanuel, separation is not an option. But the fact that doctors talk in terms of separation indicates that there is more than one person contained in these conjoined twins’ body, for it always takes two to tango.