There have been few cases where somebody with a sleeping disorder actually killed somebody while sleepwalking. And the law says this is not punishable because the person had no recollection of what they were doing and had no control over it.
First you have to understand what sleepwalking is. There are two phases to sleep: the deep sleep and the dream sleep. For some unknown reason, sleepwalkers cannot transition to the dream sleep properly. It [b][u]is[/u][/b] a neurological disorder. Experts say that stress and lack of sleep can cause it. Experts also say that the brain is still half asleep while sleepwalking. Certain parts of the brain simply don't function. Its theorized that sleepwalkers cannot recognize faces even if they're familiar ones; they are unable to think with logic; they are unaware of day and night; and they experience strong "flight or fight" instincts, which is the dangerous part. Say somebody was stressed out that their car broke down. They end up sleepwalking that night and went to the garage and tried to fix it. This is their only goal at mind and they usually try to accomplish their goal without anything or anyone getting in their way. If you were to get in the way of this sleepwalker and didn't want him to attempt to fix his car, his "fight or flight" instincts will kick in and may end up resulting in violence.
The law says you cannot be convicted for killing someone if it was proven you were sleepwalking at the time. And it does need to be proven just like anything else in court. You can't just walk up to the stand and say "I was sleepwalking" without any evidence. But is this really justifiable? Yes, you didn't have any control over your actions...but you still took the life out of a person, possibly even a completely innocent one too. Maybe one that you even loved. Maybe that's punishment of its own, knowing that you took the life of someone you cared about.
English
#Offtopic
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"Dammit, I must've been sleep-telephoning again!"
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Put them in a jail cell alone. Cant harm anymore people then.
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1 Reply[i]STOP RIGHT THERE CRIMINAL SCUM![/i]
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Shouldn't be a murder charge, but perhaps manslaughter. It might be expected that if you're a known sleepwalker you should make sure that you can't get out and do any damage. Perhaps locking your bedroom door and hiding the key somewhere you'll only remember in a good state of mind.
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1 ReplyI actually do sleep walk and I honestly don't remember anything. Apparently I go and wake everyone up in the house and tell them we need to get out and then curl up in fetal position on the couch. Then I talk to myself or scream till I wake up
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Compare it to an epilepsy attack. Epilepsy itself is usually harmless, but you can easily hurt yourself or others around you with the muscle contractions and violent shaking, which can block airways or hit others around you. I'm not sure if there is a case of someone with an epilepsy attack killing someone else, but lets assume there is. The epileptic cannot control the muscle contractions and shaking, because they're not in a state of conciousness, and cannot simply tell the brain to stop doing errors, like many in the comments seem to think. I think its unfair to charge someone with murder when they were not aware or in control of their actions. A small fine for the victims family and some sleep therapy, sure, but potentially life in prison is just dumb.
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What was the point of the poll if you pretty much proved it?
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Manslaughter. I would say second degree murder, but you probably didn't intend to sleep walk.
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4 RepliesAccording to your "fix the car" argument, that person recently must have had intentions to kill that person. Therefore, it should be punishable.
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2 RepliesYou still killed someone. I don't give a shit about someone's problems if they killed someone.
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2 RepliesSleepwalking and sleepmurdering? Can we sleepshart and feel no shame as well?
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I sleep walk a lot One time I when I was little I went downstairs to my kitchen and started spinning in circles and kept calling my parents names. I think I thought that I was lost in a maze or something
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I saw the title and thought it was a joke so I pressed yes... Then I read it [spoiler]and pressed yes [/spoiler]
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Edited by orkdestroyer1: 4/7/2016 12:44:20 AMDOESNT MATTER YOU WILL STILL GET LIFE IN PRISON LAWBREAKER
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Still get manslaughter.
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Yes but that doesn't excuse treatment for their disorder
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Generally, crimes have a mens rea and actus reus, or a mental and physical component, respectively. The mental state requires that the defendant have a certain level of awareness when committing the crime. Usually it varies from knowing they are committing the act to intended to commit the act with a specific intent. Murder requires actual intent to commit the act, though lesser homicides require less, such as they should have known their act could cause death. Actus reus is the actual criminal act itself. However, the act must be voluntary. Here, the sleepwalking component lacks both states. There is no mental state if they're legitimately sleepwalking and they have no control of their actions. That's not to say that civil commitment is out of the question of their sleepwalking problem is severe.