Last Updated on July 2, 2025
English jurist William Blackstone famously stated, “It is better than ten guilty persons escape than that one innocent suffer.” That line of thinking is what makes it so fascinating to contemplate what penalties would be fair if one conjoined twin breaks the law. After all, punishing the guilty twin would invariably mean punishing the innocent twin simultaneously, right? This specific legal issue has been examined in depth by legal experts worldwide, regularly used as a thought experiment (particularly in law schools), and explored in shows like American Horror Story: Freak Show.
What Happens When One Conjoined Twin Commits a Crime?
With some minor crimes, it would not be a problem to punish a conjoined twin for their misdeeds. For example, if one twin committed petty theft, the issue could be resolved simply by making the guilty twin pay a fine.
When an offense is punishable by prison or jail time though, things become more complicated when a conjoined twin is involved. After all, you cannot punish one of the twins without punishing the other. Doing so would violate America’s constitutional protections against cruel and unusual punishment, as the intentional sentencing of an innocent individual to incarceration would be inhumane. Even just subjecting the innocent twin to probation would still restrict their activities in an unacceptable way.
The issue becomes more troubling when it involves a serious offense like murder, which is punishable through incarceration or even the death penalty. The problem with charging one of these twins with murder is that if only one of the two persons committed the act, it is ethically wrong to sentence them both to prison or, even worse, to death.
Have Any Real Conjoined Twins Been Accused of Crimes?
“Looking at historical records, there have only been a handful of conjoined twins charged with breaking the law,” explains attorney Peter Liss. The lack of historical accounts in this area makes sense because these twins makeup only around 1 in 200,000 births, and over half of those are delivered as stillborns. Since most people are never arrested for criminal acts, it only follows that very few conjoined twins are caught breaking the law.
One famous example involved Italian conjoined twins Lazarus and Joannes Baptista Colloredo, who made a living as freak show entertainers in the 1600s. According to some historians, Lazarus killed a man who ridiculed him excessively, but the courts were unwilling to execute him as it would mean killing his brother as well.
One of only two recorded cases of conjoined twins accused of a crime under the American legal system involved Chang and Eng, the two most famous conjoined twins in history (the pair even served as inspiration for the term “Siamese twin”). Sometime in the early 1930s, a spectator squeezed Cheng’s hand so tightly that Cheng punched him. The spectator charged Cheng with assault, but the judge ruled that while Cheng should be sentenced to jail time, forcing Eng to go to jail would amount to false imprisonment.
A similar incident occurred when twins Lucio and Simplico Godina were involved in a reckless driving accident in 1929. The judge ruled that it would be unfair to convict Lucio, the driver, as it would mean putting the innocent conjoined twin, Simplico, in jail. Notably, this was the second time Lucio got away with using his twin as a get-out-of-jail-free card, since he was previously charged with a similar offense in the Philipines.
In a case involving something as serious as murder, the sentence would presumably be even more lengthy and unfair to the innocent party.
Could One Twin be Considered an Accessory to Murder?
While many people question this option when presented with this thought experiment, in actuality, this would depend on the situation. In the case involving the Colloredo twins, for example, Joannes Baptista was a parasitic twin who was mentally handicapped and could not control his own limbs. Obviously, he could not be considered an accessory to murder.
In American Horror Story: Freak Show, the classic thought experiment was given an extra twist. In this tale, while one twin, Bette, killed the twin’s mother, Dot had the power to stop her and refused. Dot also helped Bette cover up the murder, lying to the police about what happened. All these things mean that Dot would also be guilty of a crime, though not guilty of murder. As a result, the twins could be sentenced to prison, but only for the lesser crime committed by Dot. In California, that would mean the twin’s maximum sentence would be 3 years in prison for being an accessory, a far cry from the possible life sentence Dot could get for murder.
A Trial Like No Other
If a conjoined twin were charged for being an accessory to a murder committed by their sibling, the case would be quite notable. To minimize the sentence, their criminal attorney must ensure the jury did not judge both individuals together. It might also mean that the twin charged with being an accessory may have to take the stand against their sibling, which could be the first time a witness for the prosecution would have to take the stand while sitting right next to the defendant.
This issue brings up several other legal questions regarding a conjoined twin’s right not to testify against their sibling the same way a spouse cannot be forced to testify against their partner. Additionally, many people wonder if the twin guilty of the lesser crime could voluntarily undergo surgery that would result in the death of a sibling who was sentenced to the death penalty in exchange for a reduced sentence. With the associated dangers for this type of surgery though, this option seems legally questionable.
“Whatever the outcome,” says Liss, “the trial and its resulting decisions would undoubtedly go down in legal history.”
The Law is Complex
Understanding the law is like wandering through an overgrown jungle. It takes a skilled lawyer to help you navigate your legal issues. In fact, two separate people can be convicted for the same crime. If you have any questions or would like to schedule a free initial consultation with criminal defense Peter M. Liss, please call (760) 643-4050.
