Question

Should sleepwalking be valid defense for a crime as serious as murder? what about other crimes ? what kind of evidence should be required to convince a jury that a crime was committed while sleepwalking?

Answer 1

• Sleepwalking has become common throughout the world.There are parts of brain which are awake and some asleep.Its only when most of the parts of the brain are asleep are we actually sleeping.Sleepwalking murders are extreme cases and it is used as a criminal defense.Sleepwalking is a medical condition and its needs to verified by a doctor before using it as a criminal defense.
• If in the brain scans,it is found that a person has a history of sleepwalking and wasnt conscious while committing crime,then jury can take this into consideration.The convict's family also needs to provide with documents related to the history of sleepwalking,as it is something which doesnt develop suddenly.
• One of the most infamous examples was when Canadian jury acquitted Kenneth Parks in 1987 for the murder of his mother-in-law after he used a sleepwalking defense.
• In his case,the defense was able to prove to the jury that Parks had a family history of sleep disorders and that he had no idea what he was doing and therefore was innocent of the crime under the law.
• But the biggest hurdle in using sleepwalking as a legitimate criminal defense is to understand the state of mind of the person is in when a crime happens.A documented history provided by family or medical examinations can help the jury,but there is no guarantee,that it could be considered valid.
• People have used it as an excuse,and there is no way that sleepwalking conditions can be reproduced in the court,so medical reports are the only source to be considered,to use it as a criminal defense.