Forensic Sleep Medicine
K. Weiss, C. Watson, M. Pressman
Management of Sleep Disorders in Psychiatry June 1, 2015 DOI: 10.1093/med/9780199393435.003.0021 (opens in new tab)
Study at a glance
AI-extracted from the abstract| Characteristics | Review Peer reviewed |
|---|---|
| Keywords | Law |
| Key findings | Argues that expert testimony is needed to explain the physiology of sleep disorders and associated impairments in consciousness so courts can assess whether violent behavior involved conscious intent. Reviews REM behavior disorder, somnambulism and other non-REM partial awakenings, and hypersomnolence, stresses ruling out feigned symptoms and malingering, and notes that admissibility of such testimony in court is not automatic. |
Abstract
Patients with sleep disorders can exhibit behavior that includes violent acts. The behavior may occur during various sleep stages, ranges in complexity, and requires an analysis of consciousness. When the behavior harms another person and criminal charges follow, expert testimony will be required to explain the physiology of the disorder and impairments in consciousness that determine criminal culpability, that is, whether there was conscious intent behind the behavior. In this chapter, sleep-related conditions associated with violent behavior are discussed, along with guidelines for presenting scientific testimony in court. These disorders include rapid eye movement (REM) behavior disorder, somnambulism and other non-REM partial awakenings, and hypersomnolence. Feigned symptoms and malingering must be ruled out, and the clinical parameters for them are discussed. While the physiology of sleep disorders has widely been known, admissibility in court is not automatic. Standards for acceptable expert testimony are discussed.