Citation:
Ibarra M, Marsella JL. Sleepwalking, criminal behavior, and reliable scientific evidence: a guide for expert witnesses. J Clin Sleep Med. 2020;16(4):661.
Sleepwalking, Criminal Behavior, and Reliable Scientific Evidence: A Guide for Expert Witnesses by Mark R. Pressman, PhD is a compelling book that raises awareness and educates the reader about the relationship between sleep and the law. As our understating of sleep grows, there are still areas that remain uncertain or lack the widespread knowledge sufficient to assist in legal matters. Dr. Pressman is a highly regarded sleep forensic expert who provides a first-hand account of legal defenses in criminal cases. The court cases he presents provide a journey of significant trials that center around a common theme: things that go bump in the night.
Whether the actions in question are thought to be due to parasomnias or criminal activity is not always clear. A knowledge of the limitations and developing a methodology of diagnosing parasomnias is essential for the expert witness. Imaging and labs are not often as available for diagnosing a parasomnia retrospectively. Throughout the book, Dr. Pressman delves into many of these subtleties.
This book consists of 10 chapters. The early chapters explore a brief history of sleep, the science of sleep, and parasomnias. The diagnosis and misconceptions of parasomnias are outlined to provide the reader context when reviewing court cases. The court cases, predominantly sleepwalking trials, pay special attention to the point of view of expert witnesses of both the defense and prosecution. There are many elements that expert witnesses must consider. For example, which areas of the brain are activated during a parasomnia and is this consistent with a conscious state? The expert witness helps determine when sleepwalking is an appropriate defense to absolve a criminal act. To further complicate matters, substances like alcohol and sedatives may play a role in the defense of possible sleepwalking. The later chapters explore cases where violent acts occur in the setting a sleepwalking defense. The cases extend to question the contribution of substances in the setting of violent acts and sleepwalking.
Parasomnias are an interesting phenomenon with a particular dilemma in court—namely, the lack of direct testing that could contribute to objective evidence. There is hardly any opportunity to perform a polysomnography at the time of the event and a sleep study, months down the line, is of limited utility. Instead, cases are primarily dependent on witnesses and other indirect evidence. This is where Dr. Pressman's expertise comes in to provide a current understanding of sleepwalking and diagnostic limitations. He challenges the reader to remain aware and open while practicing evidence-based medicine in court.
In the ever-expanding world of sleep medicine, this book shines a light on how to approach complex, real, and high-stakes situations that occur in court. This book is informative and provides an engaging account of sleepwalking that will appeal to anyone interested in sleep medicine. Not all parasomnias end in violence, but this book outlines why it is so important and how complicated it can get to approach sleepwalking as an expert witness.
DISCLOSURE STATEMENT
The authors have seen and approved the manuscript. The authors report no conflicts of interest.