2007-07-19 17:36:47 · 10 answers · asked by the#24 3 in Politics & Government ➔ Law & Ethics
Yes. Then prison. That defense has been used and every time they went to prison.
2007-07-19 17:40:10 · answer #1 · answered by arejokerswild 6 · 3⤊ 1⤋
You may be arrested, due to you having committed homicide, but you had neither the mens rea for murder or voluntary manslaughter, at the time you killed the other person.
If you knew you were a sleepwalker, and you had the instrument used for the homicide near where you slept, the DA would argue negligent/involuntary homicide.
However, depending upon the jurisdiction, you may have the affirmative defense of insanity.
2007-07-19 17:43:51 · answer #2 · answered by MenifeeManiac 7 · 0⤊ 1⤋
it depends on the case. there was a Supreme Court case (sorry i forgot) where a lady brutally killed her sleeping daughter with a knife and claimed she was sleeping walking when it happened. in addition to that her lawyer used a medicine she usually took had caused her to committ the act. she was found not guilty.
there was another case where a girl killed both parents while sleep walking and she was found guilty. so, it really depends on the jury, the type of lawyer representing the person and the state to determine the outcome of this type of case.
2007-07-19 18:00:33 · answer #3 · answered by Ally cat 3 · 0⤊ 1⤋
Only if the jury decides to disregard the definition of murder/manslaughter. Sleepwalking is not a voluntary act. In order to go to prison for killing them, you have to kill them through a "voluntary act".
2007-07-19 17:49:10 · answer #4 · answered by cyanne2ak 7 · 1⤊ 0⤋
Yeah, the key word is "you kill someone" so that straight to jail.
2007-07-19 17:41:18 · answer #5 · answered by clyde 3 · 0⤊ 1⤋
I don't know if they actually would or not, but I don't think they should, if the didn't know what they were doing, isn't that the same as going insane, you didn't know, right?
2007-07-19 18:33:45 · answer #6 · answered by jessica 2 · 0⤊ 0⤋
Technically yes. Because you will be remanded until your lawyer comes along.
Legally, you may not, if you could prove that you are a psychic.
2007-07-19 17:45:09 · answer #7 · answered by Lana_Luna_Soraya 3 · 0⤊ 1⤋
Now that would be a definite ligitimate occasion to plea insanity.
2007-07-19 17:40:29 · answer #8 · answered by Eisbär 7 · 0⤊ 1⤋
Depends how good your lawyer is.
2007-07-19 17:43:57 · answer #9 · answered by califas 3 · 0⤊ 0⤋
no, you'd be hard pressed to prove you were asleep, but if you did, it would be akin to an insanity plea.
2007-07-19 17:41:42 · answer #10 · answered by The Forgotten 6 · 0⤊ 1⤋