My answer would be, it depends.

Depends. If the memory loss was due to willing choices that are known to have bad consequences (like alcohol, drugs, etc), then yes. If the memory loss was not due to the individual choices, but an malicious actor, then no. If the memory loss was due from unforeseen circumstances (concussion, stroke, etc), then yes, but punishment should be modified for the individual's actual capacity.

All punishment should have the goal of restoration and not retribution, so the case of unforeseen circumstances, might be severely reduced or changed.

Internet Lurker At Heart

I voted yes but I think it depends too. Like if you only lose memory of the incident but what you did was direct consequence of you as a human being then punish away. But if you lose so much memory you become basically a different person then you should not be punished. But then we run into the quandary of how to quantify how much is enough to become a new person...

its cold down here fam ~

No. The person should be put in a facility that can accommodate true amnesic stricken criminals. It's not the same as convicting an aware criminal, imo...

On purpose without a purpose
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