Sleepwalking Legal Defense - Essay Example

Comments (0) Cite this document
In the recent studies, there is a revelation that this sleep disorder can result to illegal actions. Defendants have also utilized sleepwalking as a defense in a significant crime range and incidences. Sexual…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER91.5% of users find it useful
Sleepwalking Legal Defense
Read TextPreview

Extract of sample "Sleepwalking Legal Defense"

Sleepwalking Legal Defense Insert Insert Sleepwalking is increasingly becoming a major criminal defense. In the recent studies,there is a revelation that this sleep disorder can result to illegal actions. Defendants have also utilized sleepwalking as a defense in a significant crime range and incidences. Sexual molestation, violent assaults, and theft are some of common crimes on this defense (Allen Z. Gammage, 2011). With reference to The National Sleep Foundation, a number of people have been victims of the episodes of sleepwalking.
Disturbing incidences have erupted in recent years alleging to sleepwalking. This phenomenon is just a sleep disorder capable of initiating someone to drive, have sex, and even commit murder and other crimes while in its occurrence. Juries and judges highly recognize this action and situation.
Back in 2010, a Florida based 17-year-old boys was alleged to have sex with a 13-year young girl. In addition, this young man fondled his nephew of 17years and landed himself in a critical crime case. When questioned during the police interview, a young man based his claims on sleepwalking verdict. He also had a suggestion of mental problems (LaFave, 2006).
In Orland, the jury acquitted a 28 year old for molestation accusation to a 12-year-old girl in his friend’s home. In the case testifying, the defense attorney on the criminal side had a reference to several witness in support of sleepwalking claims. The main witness was the girlfriend to the accused who had a claim of having sex with a man when he was in deep sleep. After the sex, the man had no trace of recollection of previous night event hence there was a strong defense claim.
In Pennsylvania 1994, Michael had conviction of murdering his wife. He has claims strongly on sleepwalking episodes. Through his defense lawyers, Michael claimed to have awaked with a gun in his hand and his wife bleeding next to him. He further purported a case of a dream about an intruder for sleepwalking justification. Through the medical support and prosecutor’s evidence, Michael’s conviction did not sway the jury and earned him life imprisonment without an appeal.
In Tennessee Supreme Court, a defendant case of child molestation had support from experts sleepwalking testimony as a defense. This court ruled out Nashville the firefighter should present a clean report supporting his actions of sex abuse under the verdict of sleepwalking. Though not sufficiently trustworthy, sleep parasomnia and related disorders pose some relations to wild sexual behaviour and can be of validity in criminal defense (E. P. Belobaba, 1996).
As weird as it may look, sleepwalking has a proof to be a valid criminal defense in various circumstances. It is likely to have a future base in defense. As a murder defense, sleepwalking could be a crazy situation but has its validity. If an individual does not even remember, the performance of sleepwalking there is minimal expectations for criminal action remembrance. It is, therefore, necessary for judiciary and the supreme court of law to factor some of these allegations for outstanding medically proven evidence before any conviction is valid.
Allen Z. Gammage, C. F. (2011). Basic Criminal Law. New York: Gregg Division, McGraw-Hill.
E. P. Belobaba, E. G. (1996). The Supreme Court Law Review. Washington, DC: Butterworths.
LaFave, W. R. (2006). Modern criminal law: cases, comments, and questions. Eagan: Thomson/West. Read More
Cite this document
  • APA
  • MLA
(“Sleepwalking Legal Defense Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Retrieved from
(Sleepwalking Legal Defense Essay Example | Topics and Well Written Essays - 500 Words)
“Sleepwalking Legal Defense Essay Example | Topics and Well Written Essays - 500 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Sleepwalking Legal Defense

Defense Ethics

... Defense Ethics Professionalism Case Scenario In the capacity of Above Water Weapons Officer (AWWO) in a frigate, one is made to remunerate on the statement relayed directly by the Captain regarding the supposed results of a live fire exercise. Actual results from the tug indicate a number of hits with some misses. The Captain, however, averred that the results were incorrectly reported; as he alleged that there were no misses. In this regard, the following questions and concerns would be addressed using ethical theories on military professionalism. 1. Are you obligated to obey the Captain’s order: a. Legally – Why or why not? As indicated in the readings, under Lesson 10 on Military Professionalism,...
10 Pages(2500 words)Assignment

Public defense

...?The Virginia Indigent Defense Commission was established on July 2004 by the Virginia General Assembly to provide attorneys for indigent individuals who have been accused of crimes that potentially hold a penalty of incarceration or the death penalty. The commission administers the certification and recertification of all court appointed attorneys who provide legal services to defendants. It enforces Standards of Practice and directly administers the State of Virginia public defender offices. The commission has a list of eligible attorneys, and attorneys must be certified by the commission. The public defense system in the State of Virginia is divided between the East District and West...
1 Pages(250 words)Essay

Public Defense v. Private Defense point out that it is generally said that such a difference in pay would not affect the quality of service, however, it is important to note that if the lesser time being given to each client, plus the resources that are available to a public defense are taken in their collectivity, it would mean that there would be an adverse effect on the case which is inevitable. There are public defenders that are more than willing and considerate to take into account the fact that the client is unable to pay and therefore provide him effective services. Another problem in respect of a public defender is the fact that cases cannot be rejected by them and so if a case qualifies it cannot be refused unless there is a good...
3 Pages(750 words)Research Paper


...? Sleepwalking Sleepwalking Sleepwalking is a psychological problem that has been given utmost importance, and used in many literary pieces such as in the prominent play written by Shakespeare, Macbeth, where a very popular character, Lady Macbeth, experiences sleepwalking. However, the issue actually dates back to being a medical problem, since before Hippocrates. Due to its existence ranging back to hundreds of years of earlier, it really does not need much recognition (Culebras 120). Sleepwalking is considered as a complicated behavior, that is walking, which occurs when a person is still asleep. Sometimes it may also lead to nonsensical talking while...
4 Pages(1000 words)Research Paper

Insanity defense

...?Insanity Defense Introduction The criminal law requires criminal conviction to fully satisfy the presence of both the criminal act ‘actus reus’ and the criminal mind ‘mens rea’, grounded on the belief that the commission of a crime necessitates an evil intent. This requisite of the particular state of mind gives insanity defense room in the criminal justice system. (Reznek, 1997, p. 15) By pleading insanity, a defendant may avoid culpability of a criminal act on the ground that “a defendant cannot be held accountable for a crime if his mental illness made it impossible for him to distinguish right from wrong when he committed the crime” (Haycock, 2010, p. 249). This defense has posed an...
4 Pages(1000 words)Term Paper


...structures and functions that specifically occur when an individual is sleeping. According to Mume, sleepwalking is a parasomnia which poses an immense psychological challenge specifically because a sleepwalker cannot recall the incident of somnambulism or how the individual acted during the episode once it is over (3). Due to the wide range of behaviors displayed during somnambulism, the parasomnia has also been featured in legal publications as instances of violent activity have also been reported during episodes of sleepwalking (Mume 3). Seeman states that occurrence of violence or hostility in sleepwalking incidents reportedly stands at 2% with a...
7 Pages(1750 words)Essay

Insanity Defense

...The insanity defence directly speaks to mens rea because its primary focus is the mental capa or intent of the perpetrator upon the commission ofthe offense. In other words, as determination of criminal culpability is inextricably linked to intent and, importantly, awareness, a guilty finding is predicated on the establishment of intent and awareness, on mens rea. Within its legal context, insanity specifically focuses on mens rea or intentional and mental capacity. As regards the stated, there are three approaches to the insanity defence, all of which may be defined as standards. These are the M'Naughten, Durham, and ALI defences/standards/models. Following a brief comparative definition and discussion of each, this...
2 Pages(500 words)Essay

Research Defense

... that the excessive consumption of the 1980s was driven by government example due to the mode of national defense. It was a political calculation used to promote capitalism and demonstrate the failures of communism. It is relevant because the effects of unchecked capitalism are shown in the exploitation of people and nations. This is the driving force behind the significance of Corporate Social Responsibility. The misplaced belief that greed and consumption are the indicators of a superior economic system can lead to an exaggerated sense of self worth. In reality it serves to create a feeling on inadequacy that is compensated for by even greater greed in an effort to overcome the unsatisfied desires.... What frames did you locate in your...
3 Pages(750 words)Essay

Insanity defense :

...The insanity defense has been a relatively recent phenomena in court cases having first appeared in 1843 at the trial of Daniel M’Nagten, a woodworker Scotsman who killed the secretary to the British Prime Minister in a mistaken attempt to kill the man he believed was targeting him (Martin, 1998). As a result of this trial, judges determined the insanity defense might be invoked if the defendant was operating “under such defect of reason from disease of the mind” as to not realize that what they were doing was a crime (Martin, 1998). It is this right versus wrong idea that has formed the basis of most of the American laws regarding this defense argument. Yet, the insanity...
2 Pages(500 words)Essay

Defense Mechanism

...Defense Mechanism Behaviour is an interest aspect of human beings. People’s behaviour helps them to form their personalities. Different people have different behaviour patterns and hence, they adjust differently in the society. However, when people fail to perform to their abilities or fail to get expected results in their lives, they try to protect themselves from getting criticized by others through different mental ‘techniques’. These ‘techniques’ that are used to make unacceptable behaviour seem reasonable and acceptable to others are called as ‘defense mechanisms’. People use defense mechanisms to protect their ego, self esteem and reputation from getting hurt. Hence, when people...
4 Pages(1000 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Sleepwalking Legal Defense for FREE!

Contact Us