As sleepwalking behaviours occur without volition, sleepwalking can be used as a legal defense, as a form of
legal automatism. An individual can be accused of non-insane or insane automatism. The first is used as a defense for temporary insanity or involuntary conduct, resulting in acquittal. The latter results in a "special verdict of not guilty by reason of insanity." This verdict of insanity can result in a court order to attend a mental institution. In the 1963 case
Bratty v A-G for Northern Ireland,
Lord Morris stated, "Each set of facts must require a careful examination of its own circumstances, but if by way of taking an illustration it were considered possible for a person to walk in his sleep and to commit a violent crime while genuinely unconscious, then such a person would not be criminally liable for that act." While the veracity of the cases are disputed, there have been acts of
homicide where the prime suspect may have committed the act while sleepwalking. Alternative explanations to homicidal or violent sleepwalking include
malingering, drug-induced amnesia, and other disorders in which sleep-related violence may occur, such as
REM behavior disorder,
fugue states, and episodic wandering. Sleep driving, also known as sleepwalk driving, is a rare phenomenon where the person drives a
motor vehicle while they are sleepwalking. If stopped by police, sleepwalk-drivers are totally incapable of having any interaction with the police, if they are still sleepwalking during the event. Sleepwalk-driving can occur to people who normally don't experience sleepwalking, since some medications, especially
zolpidem and
eszopiclone, can cause sleepwalking as unwanted side effect. A case of a fatal hit-and-run accident involving the driver claiming to be sleep-driving has been recorded. However, no evidence of the claims could be found by a sleep expert during the following trial.
Historical cases was acquitted of the murder of Maria Bickford in 1846, under a defense that he was sleepwalking. (National Police Gazette, 1846) • 1846,
Albert Tirrell used sleepwalking as a defense against charges of murdering Maria Bickford, a prostitute living in a Boston brothel. • 1961, Sergeant Willis Boshears confessed to strangling a local woman named Jean Constable in the early hours on New Years Day 1961, but claimed that he was asleep and only woke to realize what he had done. He pled not guilty on the basis of being asleep at the time he committed the offence and was acquitted. • In 1981, Steven Steinberg of
Scottsdale,
Arizona was accused of killing his wife and acquitted on the grounds of temporary insanity. • 1991,
R v Burgess: Burgess was accused of hitting his girlfriend on the head with a wine bottle and then a video tape recorder. He was found not guilty at
Bristol Crown Court, by reason of
insane automatism. • 1992,
R. v. Parks: Parks was accused of killing his mother-in-law and attempting to kill his father-in-law. He was acquitted by the
Supreme Court of Canada. • 1994,
Pennsylvania v. Ricksgers: Ricksgers was accused of killing his wife. He was sentenced to life in prison without parole. • 1999,
Arizona v. Falater: Scott Falater, of
Phoenix, Arizona, was accused of killing his wife. The court concluded that the murder was too complex to be committed while sleepwalking. Falater was convicted of first-degree murder and sentenced to life with no possibility of parole. • 2001,
California v. Reitz: Stephen Reitz killed his lover, Eva Weinfurtner. He told police he had no recollection of the attack but he had "flashbacks" of believing he was in a scuffle with a male intruder. His parents testified in court that he had been a sleepwalker from childhood. The court convicted Reitz of first-degree murder in 2004. • 2004, Jules Lowe confessed to causing the death of his father Edward but did not remember committing the act. Jules used
automatism as his defense, and was found not guilty by reason of insanity and
detained indefinitely in a secure hospital. He was released after ten months. • 2008, Brian Thomas was accused of killing his wife while dreaming that he was fighting off intruders. He was freed in 2009 by a judge, who found him not guilty of murder. ==See also==