Sleepwalking Question (user search)
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Author Topic: Sleepwalking Question  (Read 3463 times)
Queen Mum Inks.LWC
Inks.LWC
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« on: December 22, 2010, 01:39:10 AM »

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You mean, the defense has to prove it was done while sleepwalking? Interesting, since usually it is innocent until proven guilty.

Well, but if you admit that you actually killed somebody, you're admitting guilt, simply offering an explanation for it.  You wouldn't be contesting the actual cause of death, simply the reason that you caused the death.
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Queen Mum Inks.LWC
Inks.LWC
Atlas Superstar
*****
Posts: 35,011
United States


Political Matrix
E: 4.65, S: -2.78

P P

« Reply #1 on: January 05, 2011, 04:02:41 AM »

Well, presumably, the prosecutor would have some reasoning for the intent to kill the person.  At which point, it would fall on the defense to counter with the proof that the defendant was sleepwalking.

Point is, for the prosecution to have to prove in each and every case that the defendant was not sleepwalking while allegedly committing the crime would be ridiculous, and the burden of proof would fall on the defense.
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