I am really hoping for the following defense instead.
Posted on 03/02/2024 7:36:32 PM PST by DoodleBob
…Kenneth Parks was found not guilty of murder and attempted murder. His defence was sleepwalking, or non-insane automatism as part of a presumed episode of somnambulism. Kenneth returned to normal life and went on to have six children….Did Kenneth Parks use the sleepwalking defence to get away with the perfect murder? If you murder someone while sleepwalking, are you guilty or not guilty? If your eyes are open but your brain is still asleep, did you intend to commit a crime or not?
…
One in three adults have symptoms of insomnia, and around 22% of us sleepwalk, frequently walking with our eyes open.
Most of us won’t remember doing so after being woken by someone else, and may also be confused, and even aggressive. Sleepwalkers who commit crimes may cite a family history of the behaviour disorder…sleepwalking may run in the family.
Scott Falater, an engineer from Phoenix, Arizona, claimed just that, following the death of his wife of 20 years. In 1997 Falater stabbed her 44 times, hid the knife and her bloodied clothes in the back of his Volvo and then held her head underwater in their swimming pool. His defence claimed that he had been sleepwalking at the time, pointing out also his family history of sleepwalking. Unluckily for Falater, a neighbour testified that he had seen the accused motion for his dog to lie down during the night in question. The jury took this as evidence of consciousness and intent and Falater was found guilty of first-degree murder.
A guilty verdict is not always that clear-cut, however. “There is no ‘one size fits all’ answer to how sleepwalking is treated in criminal law,” says criminal barrister Ramya Nagesh, author of A Practical Guide to Insane and Non-Insane Automatism in Criminal Law. “
(Excerpt) Read more at theguardian.com ...
Sonds like a great Perry Mason episode.
What about alcohol induced blackout.Or even driving induced hypnosis. Both are real and in both incidences no memory of actions.
Could Biiden use this as a defense for what he’s done in office?
“That’s right, he signed the bill in his sleep. ”
I recall one guy DRIVING to his in-laws’ house and murdering his MIL in his sleep. I think he was not convicted.
“This is utter BS. No way this is that common. No way.”
I agree - the closest I ever came to “sleepwalking” was to operate while in a alcoholic blackout - quitting booze solved that problem....
I don’t know anyone who walks in their sleep. That would likely come up in conversation one day.
“around 22% of us sleepwalk”
Maybe in Britain, but not here.
Hmm...far more believable...with wet dreams and all.
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