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Sleepwalking, Criminal Behavior, and Reliable Scientific Evidence

A Guide for Expert Witnesses
ISBN: 978-1-4338-2919-2
May 2018
249 pages
Item # 4317486

Hardcover
$79.99
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Overview

When a person who is charged with a violent crime claims "the sleepwalking defense," sleep experts are often consulted to examine and argue the validity of the claim.

In this book, Mark R. Pressman provides a method and essential background knowledge for examining scientific evidence and testifying regarding sleep-related criminal behavior.

  • Who can be called in to provide expert testimony about sleep?
  • What type of evidence can be considered reliable sleep science, and what type of evidence should be ignored in the case?
  • How can the jury sort through conflicting testimonies?

Sleep psychologists and other professionals who wish to expand their clinical work into forensic consultation will learn key practices for evaluating criminal cases, both for the prosecution and defense.

Case studies illustrate how to construct a detailed behavioral analysis of a sleepwalker's actions before, during, and after the offenses for which they are charged.

Table of contents

Acknowledgments

Introduction

  1. Sleep Science and Sleep Disorders: The Basics
  2. Overview of Forensic Issues for the Sleep Expert Witness
  3. Clinical and Forensic Evaluation of Parasomnias, Sleepwalking, and Sleepwalking Violence
  4. Polysomnography and Other Issues in the Sleepwalking Defense
  5. Pretrial Assessment and Evaluation Steps for Sleepwalking Defenses
  6. Performing a Behavioral Analysis and Diagnostic Interview for Parasomnias
  7. Sleepwalking Defense Cases Without Alcohol or Drugs
  8. Sleepwalking Defense Cases Involving Alcohol
  9. Sleepwalking Defense Cases Involving Drugs or Medication
  10. Conclusion

References

Index

About the Author

Contributor bios

Mark R. Pressman, PhD, is a forensic sleep specialist with 40 years of experience in all aspects of clinical sleep medicine and sleep research, as well as 20 years as a consultant and expert witness in criminal and civil cases involving a sleep disorder defense.

He was one of the founders and directors of Sleep Medicine Services at the Lankenau Medical Center, Wynnewood, Pennsylvania.

Dr. Pressman is also a clinical professor of medicine at Sidney Kimmel Medical College of Thomas Jefferson University and the Lankenau Institute of Medical Research, and an adjunct professor of law at Villanova University.

He is the editor or author of three other books about sleep and sleep disorders, and has authored more than 90 scientific articles and book chapters.

Reviews and awards

In the ever-expanding world of sleep medicine, this book shines a light on how to approach complex, real, and highstakes 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.
—Journal of Clinical Sleep Medicine

This will be the definitive resource for all those involved with forensic sleep medicine — victims, law enforcement personnel, judges, juries, sleep medicine practitioners, and attorneys. The field of forensic sleep medicine will benefit greatly from the clear, valid scientific presentation and thoughtful practical approaches proposed for these often-challenging cases.
—Mark W. Mahowald, MD
former Director, Minnesota Regional Sleep Disorders Center, Hennepin County Medical Center, and former Professor of Neurology, University of Minnesota Medical School, Minneapolis

As a highly regarded forensic expert in sleepwalking, Pressman brings common sense and scientific evidence to bear on the subject of what humans are capable of doing or not doing during sleep. He provides a powerfully useful "manual" for those in the legal and medical professions dealing with the vexing problem of determining criminal responsibility in cases of apparently "automatic" behaviors.
—Ron Grunstein, MB, BS, PhD, FRACP
Professor of Sleep Medicine and NHMRC Senior Principal Research Fellow, Woolcock Institute of Medical Research, University of Sydney, Sydney, Australia

Pressman has accomplished an amazing feat: covering sleep physiology, sleep disorders, and legal defenses to crimes in one volume. Meticulously referenced and beautifully illustrated with case examples, this book is one-stop shopping for forensic professionals encountering parasomnias in criminal cases. Essential reading for expert witnesses asked to testify in this complex area.
—Kenneth J. Weiss, MD
Robert L. Sadoff Clinical Professor of Forensic Psychiatry, Perelman School of Medicine, University of Pennsylvania, Philadelphia