P094 How parasomnias challenge different expertise and forensic evidence: The awareness of legal judgment, the development of neuroscience, and the practice of sleep medicine
Abstract When coming across parasomnia correlated with murder is whether there is a valid legal defense. There were cases acquitting defendants of murder who claimed just because of sleepwalking. As sleepwalking is an unconscious activity; actus reus and means rea are both requirements in criminal charges and contain voluntary acts. Not all experts agreed with the parasomnia defense because of a lack of convincing history of sleep disorders. Forensic evidence plays a vital role in proving and assisting the crime to support either the prosecution or the defendant and to determine whether the defense can persuade juries. A question arises involving what happens in the brain activity during parasomnia when committing a crime and convincing the crime is automatism and not murder. This research involves, firstly, how sleep works and how the human brain works with and without parasomnia. There are types of sleep-related crime and their application in criminal law. Secondly, how many objective sleep data are needed to convince parasomnia as a legal defense? Thirdly, the significance of exploring both neuroscientists and sleep forensic experts when they are involved in crime solving. The forensic evidence at the crime scene plays a crucial role. Any advanced techniques are required to support the verdicts to prevent any ununiform. How neuroscientists through new technology may identify the brain function when committing a crime. The research brings awareness that will bring to a legal evaluation in the future and better determine the intermediate line between automatism and murder in parasomnia-related violence.
Authors
- M K Cheong
Institutions
- Chinese University of Hong Kong (HK)
- University of Hong Kong (HK)
Publication Details
- Journal
- SLEEP Advances
- Published
- 2024-10-01
- DOI
- https://doi.org/10.1093/sleepadvances/zpae070.176
- Primary Topic
- Sleep and Wakefulness Research
- Type
- article
- Field-Weighted Citation Impact
- 0.00