the Free Hypnosis Social Network
is sleepwalking a valid criminal defense?
http://www.dailymail.co.uk/news/article-1085927/How-man-raped-clear...
personally, I think he should have been convicted assuming he actually was sleepwalking. the intention was already preconceived regardless of whether he was sleepwalking. then again... maybe not so guilty. people have certain impulses they refrain from carrying out due to them being socially unacceptable and to avoid negative repercussion. so was he consciously aware?
how do people sleepwalk anyway?
personally, I think he should have been convicted assuming he actually was sleepwalking. the intention was already preconceived regardless of whether he was sleepwalking. then again... maybe not so guilty. people have certain impulses they refrain from carrying out due to them being socially unacceptable and to avoid negative repercussion. so was he consciously aware?
how do people sleepwalk anyway?
Replies to This Discussion
-
Permalink Reply by HYPNOJADE on -
Usually on two feet.
Sorry had to say that.
Sleepwalking (also called somnambulism or noctambulism[1]) is a parasomnia or sleep disorder where the sufferer engages in activities that are normally associated with wakefulness while he or she is asleep or in a sleep-like state. Sleepwalking is usually defined by or involves the person affected apparently shifting from his or her prior sleeping position and moving around and performing normal actions as if awake (cleaning, walking and other activities). It is inexact to assume that somnambulists are unconscious during their nocturnal sleepwalking episodes. They are simply not conscious of their actions on a level where memory of the sleepwalking episode can be recalled[citation needed], and because of this, unless the sleepwalker is awakened or aroused by someone else, this sleep disorder can go unnoticed. Sleepwalking is more commonly experienced in people with high levels of stress, anxiety or psychological factors and in people with genetic factors (family history), or sometimes a combination of both.
A common misconception is that sleepwalking is acting out the physical movements within a dream, but in fact, sleepwalking occurs earlier on in the night when rapid eye movement (REM), or the "dream stage" of sleep, has not yet occurred.
wikipedia
JADE
-
Permalink Reply by HYPNOJADE on
-
Also, medications can cause sleep walking, sleep medications as well. Ambien is famous for its amnesia and "sleep walking" effects, people have taken it and gone out to buy cars, got in accidents, cooked, cleaned house, etc. Still on the American market. I use it, just leased a new lexus ES350. Pebble Beach Special Edition, why didn't go for the yellow lamorgini??????????? At least I can afford the payments with the Lexus.
JADE
-
Permalink Reply by Jon Rhodes on -
Well I did a law degree some years back, but from how I remember it, he would have had a defense of 'diminished responsibility' as he was not awake. So although he did the crime, he would have a defense that it was not his fault due to being asleep. Although the mens rea (intention) and actus reus (the act) may have been present, he will not be found guilty.
Obviously that doesn't make the victim feel even better, but then again it wouldn't be good if that happened to you and you genuinely were sleepwalking and was horrified with what happened. The burden of proving this would have been placed on the defendant. This is to stop anyone from making prosecution difficult by simply claiming that they were asleep, and challenging the prosecution to prove 'beyond reasonable doubt' that he was not. His defense must have managed to persuade the court that he indeed was sleepwalking, and that it was not his fault. He may have had a medical diagnosis for such a problem in the past.
Cases like these are horrible, and I had to study them for years! Hopefully the court came to the right decision and the man felt suitably bad for what happened, and the women can have some peace of mind that it wasn't a deliberate act.
Jon Rhodes
HypnoBusters
-
Permalink Reply by Doreen Cohanim C.Ht on -
wow, I am speechless, I am only thinking if the daughter was a victim, would they still say it was sleepwalking?
Sad things and bad things are happening every day all over the world, It is hard to prove anything this days, good attorney and some connection can make things happened.
I know from experience that the law is not always fair, it can be blind at times..I have lost custody of my only child when he was 4 years old, because of lies that it was hard for me to prove with my broken english, and when the truth came out, It was too late... How many innocent people are seating in jail for someone Else's crime?
All I can think right now, that this woman needs to heal and to move on, it is not easy but it is doable with help..
Just my personal opinion...
Happy Thanksgiving everyone.
Love Doreen
-
Permalink Reply by Michael Ellner on -
There is a powerful metaphorical connection, if we want one -- Conrad.
When our clients are functioning on "Autopilot" they are "kind of like walking in their sleep"-- We can help people wake-up from their every day trances and move into healthier and more effective states --- Blah, blah, blah...
Learning Center
Featured Advertising
Latest Activity
© 2012 Created by Scott Sandland.
About Us
Contact Us
Subscribe To RSS