To solve the problem, you cannot violate the following principles:
1) Murder must be a crime punished by death.
2) An innocent person may not be put to death.
Suicide is Not a Crime
Marie and Jean were conjoined twins born into a society that had never before seen such an oddity: Marie was in control of all physical function, hand-movement, motor-control, and, though Jean had ambitions and desires of her own, as she could feel all of the same sensations as her twin, she could not act on them independently; they had the unusual arrangement that when Marie was feeling kind, she’d let her twin, head poised to the side – on her left shoulder – she’d do what Jean found exciting and pleasurable, but only to the extent to which she found it pleasurable as well. If Marie held a flame to the palm of a hand Jean couldn’t control, she still felt the fire; if Marie had indigestion, Jean felt it in her stomach, the nausea. Though they shared the same physical receptors, their responses to pain and pleasure, what one would love the other would hate, were sometimes wildly inconsistent. As were their attitudes towards the murder of another person.
One night as Jean slept, unaware that Marie was moving through the night – a barely lit figure, a cape and cowl disguising the sleeping head that rested on her shoulder – she had uncomfortable thoughts, images of a woman shouting out and suddenly being silenced. She woke to find herself beneath the cape and desperately trying to move the hands she felt but could not control, as her sister Marie stabbed their mother repeatedly; Jean’s shouting woke their sleeping father, who had been drugged. Marie stuffed the linen cape into Jean’s mouth to stop her shouting, but she was too late to stop her father from over-powering them both, locking them in a small closet, and calling the authorities.
They were put in jail, trial arranged, and all along – Jean was there beside her, suffering the effects of malnutrition from the prison food, the traumatic stress of being locked away from human contact, and Marie, talking to her jovially at first before, soon tired of Jean’s cries and, finally, refused to write the letters to their father, to say the things Jean most desperately wanted to say; to apologize, to ask for forgiveness. At long last, Marie, annoyed with Jean’s struggles to attempt to take control, began to make a series of cuts along Jean’s mouth, stopping her from speaking; she threatened her inside their cell, threatening to cut the head from her shoulders. So she went quiet until her voice got softer and softer still, and finally her vocal-chords atrophied, leaving her unable to speak.
When the trial came along, Jean was unable to protest the sentencing of her sister – despite what a sentence would due to her, as a feeling, thoughtful human being – as Marie was unrepetant in her mother’s death, and she was unable to speak on her behalf. Her father appealed to the conscience of the jury, asking them to consider the ‘mostly’ silent suffering of Jean, who could not speak, control her sister’s movements, or those actions:
‘Should she – dear, sweet Jean – be put to death along with her sister, cruel Marie? She had no control over the death of her mother and my wife and had she not screamed, I surely would have died as well. I urge you to not put her to death to revenge the death of my wife through the death of my Marie. Is this justice?’