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84. Sleepkiller 2: Is sleepwalking a valid legal defence?

One person is dead, and another barely escaped. Will the killer’s sleepwalking defence work? Lawyers in the R v Parks case argue over what it means to be conscious of our actions.

On the 22nd of May 1987 Kenneth Parks killed his mother-in-law and almost killed her husband. He claims he was asleep with amnesia for most of the event. The burden of proof is now on the defence. How can he prove that he was asleep? And if he can, does it mean he will walk free?

In this episode of Bad People, Dr Julia Shaw and Sofie Hagen investigate how sleep scientists can examine our brainwaves to see whether we are conscious or awake. Can stress, anxiety, or sleep deprivation make us more likely to sleepwalk? What is the legal defence of β€œnon-insane automatism”, and why is it so incredibly hard to argue in a courtroom?

CREDITS
Presenters: Dr Julia Shaw and Sofie Hagen
Producer: Lauren Armstrong-Carter
Editor: Anna Lacey
Music: Matt Chandler

Commissioning Executive: Dylan Haskins
Commissioning Assistant Producer: Adam Eland

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34 minutes

Podcast