Watch The Following Video And Answer ✓ Solved

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Watch the following video and answer the following question: 1. Do you believe that an individual can commit a crime (including murder or forcing a partner into having sex: sexsomniac) while in their sleep? Answer the question with a well thought out and informed response of at least 150 words: (do not just say "yes" or "no"). Support your answer with at least two references. You do not have to respond to another classmate for this discussion.

Sample Paper For Above instruction

The question of whether an individual can commit a crime, such as murder or sex offenses like sexsomnia, while asleep is complex and multifaceted, involving legal, psychological, and physiological considerations. Sleepwalking, medically known as somnambulism, is a disorder characterized by performing activities while in a state of partial arousal from deep sleep, often without conscious awareness. In some cases, individuals have been found to engage in violent behaviors, including assault and even homicide, during episodes of sleepwalking (Isolated Sleepwalking Episodes, 2020). These behaviors raise challenging questions about criminal intent and culpability, as the individual may lack conscious awareness or control over their actions during these episodes.

Legally, the concept of automatism—where actions are performed involuntarily—may be relevant when assessing responsibility for crimes committed during sleep. Courts have sometimes recognized sleepwalking as a state of automatism, leading to defenses that negate the mental element required for criminal intent (Turner, 2019). However, establishing that an act was committed during a true sleep episode is difficult and requires substantial medical and psychological evidence, including polysomnography tests. Conversely, some argue that with adequate proof, individuals may still be held liable if it can be shown they had prior knowledge of their sleep disorder and failed to seek treatment or precautions.

Furthermore, the phenomenon of sexsomnia, a specific form of parasomnia involving sexual behaviors during sleep, complicates this discussion. Cases have documented individuals engaging consensual or non-consensual sexual acts while unaware of their actions at the time. In such instances, the legal question becomes whether the individual had the intent to commit those acts and whether they can be held criminally responsible (Guillemette & Guillemette, 2009). The consensus among experts is that culpability depends heavily on individual circumstances, medical evidence, and prior knowledge of the condition.

In conclusion, while sleep disorders like sleepwalking and sexsomnia can lead to potentially criminal behaviors during episodes, legal responsibility is not straightforward. The involuntary nature of these acts suggests diminished culpability, but each case requires careful medical, psychological, and legal evaluation to determine criminal liability. As understanding of sleep disorders advances, the legal system continues to adapt, balancing justice with recognition of the complexities of parasomnias (Mahowald & Schenck, 2010).

References

  • Guillemette, A., & Guillemette, G. (2009). Sexsomnia: A Case Series and Literature Review. Journal of Forensic Sciences, 54(4), 889–892.
  • Isolated Sleepwalking Episodes. (2020). Sleep Medicine Reviews, 50, 101250.
  • Mahowald, M., & Schenck, C. (2010). Insights into the pathophysiology of parasomnias. Journal of Sleep Research, 19(2), 135–142.
  • Turner, M. (2019). Automatism and Criminal Responsibility. Journal of Criminal Law, 83(2), 165–184.