This article specifically discusses the liability issues
with violence associated with sleepwalking. In addition, sleepwalkers do not
suffer from mania, which makes it a unique mental disorder. The article covers
history of this phenomenon in relation with violence. The biggest example was
the R v. Burgess trial was a very interesting case: a man murdered his friend
in a sleepwalking episode. They debated if it was really an act of crime. It
was labeled as insanity and a disease of mind, because they didn’t know how
else to categorize it. However, scientists debated that no act is punishable if
it is involuntary, like a car accident.
The involuntary act of sleepwalking (somnambulism) impairs
the human mind and it’s functioning, much like how you can’t usually control
your dreams. This is perfectly normal, but violence is not. It is believed that
an internal cause, like a concussion, can spark this act of violence. However,
scientists conclude that these people are sane.
Sleepwalking, like Autism, is complex and hard to understand
in many rights: especially in regards to violence. For Burgess, he acted
violent in his sleep on numerous occasions. This is an extreme case study, as
most sleepwalkers don’t even touch others. I find it interesting that it can
happen, and it has. However, I feel like there can be some amount of
prevention.
The comedian Mike Burbiglia suffers from Somnambulism
(Sleepwalking), and in his hilarious movie, Sleepwalk with me based off of real events, covers his
misadventures with sleepwalking. One particularly serious instance, he leapt
out of a second-story hotel window, where he got shards of glass stuck in his
legs. Even though this isn’t an act of violence, he does He’s perfectly sane!
So, if there is prevention, then can sleepwalking be tracked
back to where something may have sparked the violence? Is it possible for a
sleepwalker with violent tendencies to be triggered by something in their waken
life, not just by a concussion?
So, what if violent outbursts in sleep can now be controlled
by preventatives? This could be avoiding aggressive video games and movies,
avoiding situations involving high stress, and eating differently (sometimes
food is the cause of sleepwalking) and if necessary, being secured in a
separate room. By taking these precautions, the person can avoid injuring
someone else.
But not all sleepwalkers are violent. What about situations
where the sleepwalker doesn’t harm others but harms themselves? Mike Burbiglia leapt
out of a second story hotel window and nearly died of blood loss. What he’s
done to prevent further injuries is strap himself in a sleeping bag with mittens.
Irene Mackay, a lecturer in Law at the University of
Manchester, wrote this article.
--Betsy Peterschmidt
--Betsy Peterschmidt
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