Sleepwalking as a Criminal Defense
Introduction
I agree that sleepwalking should be a valid defense for a murder case. People who suffer from sleepwalking tend to perform complex activities while still asleep. The actions happen during deep sleep and they are not intentional. The somnambulism defense has been used in a court of law to explain that a suspect cannot be held responsible for their doings (Ibarra and Marsella 661). This is because they do not have consciousness while committing the crime. Even though this reason has been rarely given and ended up being unsuccessful, it has also been impactful in a few cases.
Discussion
Sleepwalkers can perform other criminal acts including violence or sexual offenses. These crimes are often dismissed in the courtroom since they must meet the basic elements of mens rea and actus reus. Actus reus is the guilty act while mens rea is the remorseful mind (Ibarra and Marsella 661). These fundamentals are required as proof to convict an individual. If one of the basics is lacking, then the culprit cannot be charged. The prosecutor can use the sleepwalking defense to disregard the crime by coaxing the jury that the victim did not intend to commit the offense and their acts are involuntary. The attorney may also argue that the actor was unconscious while they committed the misconduct as a piece of evidence (Ibarra and Marsella 661). The court needs evidence that the victim has been a chronic sleepwalker. Other factors that should be considered involve medical issues, circumstantial evidence, triggers, the time between the crime and falling asleep, and an indication of sleepwalking at the delinquency moment.
Conclusion
Sleepwalking is not a major concern, though it needs to be addressed since it can result in people hurting themselves. The behavior occurs without desire and therefore, can be used as a defense form of legal automatism. A person can be suspected of insane or non-insane automatism. When one is acquitted by the judge in a court of law, one must undergo treatment before they are returned to society. This gesture prevents further damage to the people around the victim and also offers personal safety to the individual.
Work Cited
Ibarra, Michael, and Jennifer L. Marsella. “Media Review: Sleepwalking, Criminal Behavior, And Reliable Scientific Evidence: A Guide For Expert Witnesses By Mark R. Pressman, Phd.” Journal of Clinical Sleep Medicine, vol. 16, no. 4, 2020, p. 661, Web.