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If you kill someone in your sleep, are you a murderer? When is sleepwalking a defence? Matthew Blake investigates the mysterious phenomenon of sleep murder (The next insanity defense)
The Guardian ^ | March 2, 2024 | Matthew Blake

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 ...


TOPICS: Health/Medicine; Science; Society
KEYWORDS: sleepwalking
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1 posted on 03/02/2024 7:36:32 PM PST by DoodleBob
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To: DoodleBob

There have been sleepwalking defenses in the past. I remember one case where a husband killed his wife and claimed he was sleepwalking, but they proved he wasn’t.


2 posted on 03/02/2024 7:38:19 PM PST by nickcarraway
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To: DoodleBob
One in three adults have symptoms of insomnia, and around 22% of us sleepwalk, frequently walking with our eyes open.

This is utter BS. No way this is that common. No way.

3 posted on 03/02/2024 7:40:09 PM PST by frogjerk (More people have died trusting the government than not trusting the government.)
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To: DoodleBob
'Sleepwalking' killer Scott Falater still wracked with guilt over murdering wife
4 posted on 03/02/2024 7:40:58 PM PST by nickcarraway
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To: frogjerk

I lived in a fraternity. No brother ever sleepwalked in the years I lived in our house.

One brother wet his bed.

A few had drinking problems.

A couple may have been clinically crazy.

But no sleepwalkers.


5 posted on 03/02/2024 7:43:41 PM PST by DoodleBob (Gravity's waiting period is about 9.8 m/s²)
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To: DoodleBob

Is this about Hunter? What did he do? Has the FBI destroyed the evidence yet?


6 posted on 03/02/2024 7:44:36 PM PST by ClearCase_guy (It's not "Quiet Quitting" -- it's "Going Galt".)
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To: DoodleBob

If you kill someone in your sleep, are you a murderer? >>>>>>>>>>>>>>>>>>

No, you have to be proven to have the intent to kill....mens rea.

But proving sleep walking...........almost impossible.


7 posted on 03/02/2024 7:48:43 PM PST by Candor7 (Ask not for whom Trump Trolls,He trolls for thee!),<img src="" width=500</img><a href="">tag</a>)
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To: DoodleBob

Should probably force him to sleep in jail the rest of his life but let him out during the day


8 posted on 03/02/2024 7:52:52 PM PST by NWFree (Sigma male 🤪)
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To: DoodleBob

Taking drugs like Ambien i think it is or cymbalta- can’t remember now, will cause a person to do really strange things while sleep walking- like eating frozen food, eating dirt- going out of the house and back without realizing it- etc-

There was a case where i believe the man got off because of having taken the drug and not knowing what he did- supposedly-


9 posted on 03/02/2024 8:00:17 PM PST by Bob434
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To: frogjerk

That is indeed bull.


10 posted on 03/02/2024 8:04:32 PM PST by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: All
What about sleep rape??? Asking for a friend.
11 posted on 03/02/2024 8:05:21 PM PST by BipolarBob (I identify as a Christian Nationalist. Joe Biden hates me.)
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To: DoodleBob

What a nightmare.


12 posted on 03/02/2024 8:07:48 PM PST by moovova ("The NEXT election is the most important election of our lifetimes!“ LOL...)
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To: frogjerk
I would on occasion sleepwalk up to my high school years.

Most of the time I would end up in the backyard or garage.

Once I woke up standing on my bed, having strung my long bow with a arrow nocked…after that the bow went into my closet instead of being hung on the wall.

There have been a handful of FR threads over the years concerning sleeping aids and people doing things while “asleep” up to driving vehicles and doing violence.

13 posted on 03/02/2024 8:10:47 PM PST by Deaf Smith (When a Texan takes his chances, chances will be taken that's for sure.)
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To: DoodleBob

I only slept walked once as far as I know. It was when I was younger, and I had a whole conversation with someone on the phone. Then I went back to bed and couldn’t remember a thing about it when I woke up. It’s a little disconcerting.


14 posted on 03/02/2024 8:18:40 PM PST by Telepathic Intruder
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To: DoodleBob

I sleep walked as a young child and once even walked outside. I was on the sidewalk in front of our house and suddenly woke up disorientated. I let out a scream and several neighbors came running out to see what it was. That was the last time it happened.


15 posted on 03/02/2024 8:44:33 PM PST by jimwatx
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To: DoodleBob

One in three adults have symptoms of insomnia, and around 22% of us sleepwalk, frequently walking with our eyes open.


That number undoubtedly counts those who have *ever* done so, even once, but still seems high.


16 posted on 03/02/2024 9:04:52 PM PST by lepton ("It is useless to attempt to reason a man out of a thing he was never reasoned into"--Jonathan Swift)
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To: DoodleBob

No problem. We can put you back to sleep, and then execute you.


17 posted on 03/02/2024 9:06:51 PM PST by budj (Combat vet, second of three generations.)
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To: DoodleBob

They should just use the Hunter defense: “I was high.”


18 posted on 03/02/2024 9:15:31 PM PST by bitt (<img src=' 'width=30%>)
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To: frogjerk

Agreed. I’ve never in my entire life ever heard of anyone i even remotely knew sleep walking or met anyone who ever knew someone who did it. Bunch of bs.


19 posted on 03/02/2024 10:10:44 PM PST by Newtoidaho (All I ask of living is to have no chains on me.)
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To: DoodleBob

I hate sleep murderers!


20 posted on 03/02/2024 10:52:23 PM PST by DannyTN
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