Evie Summers
Sleepwalking, or somnambulism, is a sleep disorder characterised by walking or performing other activities while seemingly asleep. While sleepwalking typically involves mundane tasks, some sleepwalkers engage in highly complex behaviours, such as driving long distances, preparing meals, and even harming themselves or others. In rare instances, sleepwalkers have committed violent crimes, including murder, raising the question of whether they can be held legally responsible for their actions. The use of the sleepwalking defence in court is uncommon and controversial, with varying outcomes in different cases. While some sleepwalkers have been acquitted due to a lack of intent, others have been found guilty despite claiming unconsciousness. The field of sleep forensics aims to shed light on these bizarre and difficult-to-understand crimes, helping to determine whether sleepwalking was indeed a factor.
| Characteristics | Values |
|---|---|
| Term | Homicidal somnambulism |
| Definition | Sleep disorder characterized by walking (or other activity) while seemingly asleep |
| Criminal defence | Rare, not always convincing for the jury, but has been used in some cases |
| Criminal charge | Involuntary manslaughter or unintentional murder |
| Sleepwalker's behaviour | Instinctual, mundane or complex |
| Sleepwalker's state | Lack of rational thinking, unable to interact with the environment as though awake |
| Sleepwalker's memory | Total absence of recall |
| Sleepwalker's danger | To self and others |
| Sleepwalker's proximity to victim | Usually within arm's length |
| Sleepwalker's violence | Triggered by noise or touch |
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What You'll Learn
Sleepwalking as a defence in court
Sleepwalking, or somnambulism, is a sleep disorder that affects about 20% of people at some point in their lives. While most instances disappear during childhood, some adults continue to sleepwalk. This can be caused by a chemical imbalance, fatigue, stress, or alcohol or drug abuse. In most cases, sleepwalkers are harmless, but sometimes, parasomnia can lead to reckless behaviours or harmful actions.
The use of the sleepwalking defence in court is rare and not always convincing for the jury. However, there have been some notable cases where the defence has been used successfully. For example, in 1859, Esther Griggs was acquitted of throwing her baby out of a window after claiming she was asleep and dreaming about her house being on fire. In 1987, Kenneth Parks was found not guilty of murdering his mother-in-law and attempting to murder his father-in-law after he drove to their house, attacked them, and then turned himself in at a police station, claiming he had no memory of the events. His defence team argued that he had a history of sleep disorders and was sleepwalking during the incident.
To assert the sleepwalking defence in court, an attorney may attempt to persuade the jury that the defendant was unconscious at the time of the crime, making their actions involuntary. Alternatively, they may try to show that the defendant did not have the necessary culpable state of mind to commit the crime because they were unconscious. However, a known sleepwalker has a duty to take reasonable precautions to prevent harm from occurring. For example, they may be expected to take steps to secure their home or avoid potentially dangerous situations.
To determine the credibility of a sleepwalking defence, several factors will be considered, including evidence of sleepwalking during the crime, the time between falling asleep and the crime, and medical factors such as a history of sleepwalking or other sleep disorders. Despite the defence's success in certain cases, most attorneys are reluctant to use this strategy as it is difficult to distinguish between a true sleepwalker and someone who is using sleepwalking as an excuse to avoid prosecution. It is also challenging to prove scientifically that someone was sleepwalking during a crime.
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Sleep forensics
One of the key challenges in sleep forensics is determining whether a particular act was committed during a non-REM parasomnia or a state of altered consciousness. While the use of the sleepwalking defence in court is rare and not always convincing for juries, it has been used in several notable cases. For example, in 1859, Esther Griggs, an impoverished Londoner, was accused of throwing her baby through a window and was acquitted because the court believed she was asleep at the time of the murder. In another case, Kenneth Parks allegedly sleep-drove to his in-laws' home, fatally stabbed his mother-in-law, and severely injured his father-in-law. He was found not guilty of murder and attempted murder due to sleepwalking or non-insane automatism.
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Sleepwalking as a cover-up for murder
Sleepwalking as a defence for murder
Sleepwalking, or "somnambulism", is a sleep disorder characterised by walking or performing other activities while seemingly asleep. While sleepwalking is typically associated with mundane activities, some sleepwalkers have been known to engage in more complex behaviours, such as driving long distances, preparing meals, and even acts of violence. This raises the question: can sleepwalking be used as a defence for murder?
The use of the sleepwalking defence in court is rare and often unconvincing for juries. However, there have been several notable cases where individuals have been acquitted of murder charges due to claims of sleepwalking. One such case is that of Kenneth Parks, who was found not guilty of murdering his mother-in-law and attempting to murder his father-in-law in 1987. Parks claimed that he had fallen asleep while watching television and then drove 14 miles to his in-laws' home, where he stabbed his mother-in-law to death and strangled his father-in-law. He then drove to a police station and reported his actions, stating that he had no memory of what had occurred.
Another case involves Jules Lowe, who was found not guilty of murdering his father in 2005. Lowe claimed that he was sleepwalking when he beat his father to death after a drinking session. Similarly, Brian Thomas strangled his wife while on holiday in Wales, believing that there was an intruder in their campervan. These individuals' claims of sleepwalking were deemed credible, and they were acquitted or found not guilty of murder charges.
While sleepwalking can be a valid defence in court, it is not always successful. In some cases, individuals have been found guilty of murder despite claiming sleepwalking as a defence. The effectiveness of the sleepwalking defence may depend on various factors, including the availability of scientific or medical proof, the consistency of the defendant's behaviour with that of a sleepwalker, and the court's interpretation of the evidence.
Sleepwalking as a potential cover-up for murder
While sleepwalking can be a legitimate disorder, it is also possible for individuals to feign sleepwalking as a cover-up for murder. The lack of objective criteria for evaluating sleepwalking defences makes it challenging to distinguish between genuine and fabricated claims. In some cases, individuals may exploit the complexities of sleep forensics and the unpredictable nature of sleepwalking to their advantage. However, it is important to note that the use of sleepwalking as a defence is rare, and the majority of cases involve genuine instances of sleepwalking with no malicious intent.
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Sleepwalking and insanity
Sleepwalking, or "somnambulism", is a sleep disorder characterised by walking or performing other activities while seemingly asleep. It is associated with a disorder of the mind, and occurs when the parts of the brain responsible for rational thinking are disconnected. While sleepwalking is typically associated with mundane activities, some sleepwalkers perform complex behaviours such as driving long distances, preparing meals, and even acts of violence.
The use of sleepwalking as a defence in court is rare and often unconvincing for juries. However, there have been several cases where individuals have been acquitted of murder or attempted murder due to sleepwalking or insanity. One notable case is that of Kenneth Parks, who drove 14 miles to his in-laws' home, killed his mother-in-law, and severely injured his father-in-law. Parks had no memory of the incident and was found not guilty of murder and attempted murder due to sleepwalking or "non-insane automatism". Another case involves Jules Lowe, who was found not guilty of murder by reason of insanity after claiming he was sleepwalking when he beat his father to death.
The defence of sleepwalking is challenging to prove, as there is currently no objective criteria for evaluating these cases. Neurologist Dr Michel Cramer Bornemann founded Sleep Forensic Associates (SFA) to research and evaluate bizarre and difficult-to-understand crimes, including sleepwalking murder cases. While sleepwalking can be dangerous, the notion that waking a sleepwalker could kill them is false. However, sleepwalkers can be disoriented and have violent or confused reactions when awakened.
The legal implications of sleepwalking murders are complex and controversial. While criminal law typically requires action and intent to prove guilt, sleepwalking cases question the boundaries of criminal litigation. Some experts argue that sleepwalking provides a ""get out of jail free card", allowing individuals to commit crimes without consequences. Others maintain that sleepwalking is a genuine disorder that can result in unintentional harm.
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Sleepwalking and complex behaviours
Sleepwalking, also known as somnambulism, is a sleep disorder characterised by walking or performing other activities while seemingly asleep. While sleepwalking is often associated with mundane activities such as sitting up in bed or ambling around the house, a minority of sleepwalkers engage in more complex behaviours. These complex behaviours can include driving long distances, preparing meals, having intercourse, climbing through windows, and even violent actions such as assault or murder.
The question of whether sleepwalking can be used as a defence for criminal acts has been the subject of debate and legal precedent. In some cases, individuals have been acquitted of criminal charges on the grounds of sleepwalking or insanity. For example, in 1859, Esther Griggs was acquitted of throwing her baby out of a window, with the court accepting her claim that she was asleep and attempting to save her child from a fire. Similarly, Kenneth Parks was found not guilty of murdering his mother-in-law and attempting to murder his father-in-law, with his defence arguing that he was sleepwalking during the incident.
However, the use of the sleepwalking defence in court is rare and not always convincing for juries. The challenge lies in proving that an individual was indeed sleepwalking during the commission of a crime. Neurologist Dr Michel Cramer Bornemann, founder of Sleep Forensic Associates (SFA), notes that the increasing volume of requests to evaluate bizarre and difficult-to-understand crimes has led to the development of sleep forensics as an investigative field. While some experts acknowledge the real phenomenon of crimes being committed while sleeping, others argue that sleepwalking could be used as a ""get out of jail free card" to escape criminal responsibility.
To address the complexities of sleepwalking and criminal behaviour, experts in the field of sleep forensics continue to research and evaluate these unusual cases, contributing to our understanding of the intersection between sleep disorders and legal implications.
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Frequently asked questions
The use of the sleepwalking defense in court is rare and not always convincing for the jury. However, there have been cases where people have been acquitted of murder charges because they were sleepwalking.
The only way to be absolutely certain that an act was committed during a non-REM parasomnia episode would be to have electrodes attached to the individual while they're committing the act. However, this is not feasible, so it is difficult to prove that someone was sleepwalking.
One famous case is that of Kenneth Parks, who drove 14 miles to his in-laws' home, killed his mother-in-law, and severely injured his father-in-law. He was found not guilty of murder and attempted murder due to sleepwalking. Another case is that of Esther Griggs, who threw her baby out of a window in 1859 and was acquitted because the court believed she was asleep at the time.
Sleepwalking happens when the parts of the brain that control movement and speech wake up, while the parts responsible for rational thinking remain disconnected. Sleepwalkers can appear to be awake and perform complex behaviors such as driving, but they cannot interact with their environment as they would if they were awake.
While it is not true that waking a sleepwalker will kill them, it can be dangerous as they may have violent or confused reactions.
