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Somnambulism and the law: A review
Author(s) -
Fenwick Peter
Publication year - 1987
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370050308
Subject(s) - sleepwalking , acquittal , automatism (medicine) , plea , psychology , criminology , law , psychiatry , political science , neuroscience , sleep disorder , cognition
Scientific study of sleep has shown that sleepwalking and night terrors occur in stage 4 sleep. Both run in families, and are precipitated by various specific trigger factors. Behavior can be complex and purposeful and frequently may lead the sleeper into danger. Murder and assault while asleep do rarely occur, and the aggressive acts can appear purposeful, directed, and coordinated. Sleepwalking in the United Kingdom is considered a sane automatism and a successful plea of not guilty leads to an acquittal. Therefore, sleepwalking should only be accepted as a defense by forensic psychiatrists after establishing beyond reasonable doubt that the characteristics of a sleepwalking episode are present. The law on automatism in England is muddled and requires revision.