Maybe in extreme cases where someone has a traumatic injury after the crime it could work. On the flip side we right now has police interrogations where they convinced someone that the did commit a crime. Shouldn’t the people who don’t remember get the same amount of leniency as those who are convinced they did commit a crime? Personally I am not sure what I believe would be the best answer but there are always cases the will lie on the line or in a gray area.