No memories = no persecution?

[serria]

Here's a question: Why wasn't Misa arrested and held accountable for her crimes at the end of the series? Even in the movie version, she's free to go, presumably because she doesn't have her memories

Comments

[serria]

That's honestly my opinion, too. I tend to be a humanist in regards to my opinion on law, and I see the point of arresting criminals to be protecting society from further harm. I'm actually pretty disillusioned with the term "justice" because it often seems like a fancy word for revenge.

At any rate, the Death Note is pretty distinct as a murder weapon, because it isn't murder in the conventional sense. It's writing names in a notebook. I have a hard time picturing Light or Misa killing with their hands, unless they were that desparate and didn't have an alternative (like anyone, really).

But at the same time, can a judge really forgive thousands of murders on the grounds that the defendant doesn't remember any of it? After all, the murders weren't an accident. Both Light and Misa believed passionately in their cause and don't regret it. Even when neither of them remember being Kira, Misa freely admits to supporting him, and Light admits that deep down inside he can see Kira's point....

[brion]

But they never got solid proof that Misa was the second kira, right? They let her go after the incident in the car. The only thing after that that would make her a suspect was when Light called out her name when he was going crazy in the yellow box.

[serria]

...Didn't they? *thinks* I think Near could've at least concluded that if Light were Kira, the only person who could possibly be second Kira is Misa Amane, whom L suspected anyway. Near even made a puppet for Misa as 2nd Kira.

[sayuri2023]

A lot of fans are of the opinion that Misa's innocent since she acted only as Light's tool. But remember the Sakura TV incident, she concocted the whole thing by herself and also killed so many non-criminals including Ukita.

In the eyes of law, I think Misa should have been punished. If the case of memory loss is concerned, then Light shouldn't have been handcuffed with L all those months either. Had Light been freed after his loss of memory, he wouldn't have had a role in the investigation, and consequently, first Kira wouldn't have been back.. just a speculation though XD

[serria]

Agreed 100%. I don't understand why Misa is so victimized by many fans when it comes to her actions. I mean, she did it, she instigated it, and Light didn't even really want her around. She wanted to be Light's tool, without a moment's hesitation of moral dilemma. It's not just Light she loves, it's Kira.

But yeah, I don't think L at least would've released Misa or Light regardless of what they remembered. Maybe he would've have had them executed (or would he?) but he's pretty damn set on eliminating Kira from the world.

[starsplinter]

It may well have been for the publicity, honestly. Misa was a popular model, and she got enough attention when she was captured the first time. And she's even more popular now. If she went missing again, or heaven help them actually publicly arrested... it would be a mess. (Imagine finding an impartial jury for *that* trial.)

And I don't know how much of a threat she was at that point. Without her Light, she crumbled and rather rapidly. She committed suicide within a month, didn't she? Without her memories, without her notebook, without her Light...she's harmless. And Near doesn't care about guilt so much- or may simply not consider Misa a factor.

What point would it serve, anyway? There's little point in punishing a martyr, and her in prison would only be a waste of resources and be far more trouble than anyone wants to deal with. She wouldn't cause any trouble - and I'm sure there were people watching her to make *sure* she didn't cause any trouble - so why bother?

S

[serria]

Hmm, that kind of reminds me how in the anime, when Light runs off bleeding and dying. Near says, "let him go, he'll bleed to death soon enough". Maybe he took the same philosophy with Misa, figuring she'd kill herself soon enough anyhow.

Still, I'm skeptical. To me, this just shows that Near cares more about solving the case and "cutting off the head" than about justice.

(Didn't she commit suicide a year later Valentine's Day? I could be wrong.)

[starsplinter]

Quite possibly. Misa did not rank very highly on his list of priorities at the best of times, and like I said - what harm could she do? Besides, the trials of anyone involved in the Kira case would be a logistical mess - who the hell has jurisdiction?

...I had already assumed that, Serri. Near didn't care about he individuals so as much as the ideas. Kira was dead, the main wrench in the cog of the world was destroyed - the other, smaller wrenches would be crushed by the clockwork of the rest of the world soon enough.

(I thought it was the same year. Ein moment, checking htr13...it was the next year. Damn DN and its dates. *winks* Ah well - my point stands.)

S

[tenkensmile]

Man, I brought up this exact question in another forum, too!

Besides the handwriting, there were a lot of other evidences (refer to volume 3), such as:
- the same type of paper as the diary she sent to the HQ
- an express delivery stamp
- the ink and components all matched
- the pollen found in the envelope sent from Osaka matched the flowers growing around the apartment she lived at
- a ticket stub for Tokyo-Nagano train from the day the tape was sent
The Japanese police should know all these.

With specific cat hair, a specific cat (and thus owner or residence) can be identified. With makeup, there's probably a DNA leftover on the residue. Normally the remainder of the evidence can't be used specifically to target Misa, but coupled with all the other stuff, it allows for a decent case.

However, the problem lies in Misa's memory. If she has no memory of it in the supernatural sense that Death Note allows for, she theoretically can be considered a different person. Whether or not that makes her liable is TRICKY litigation.