How Sleep and Fatigue Shape False Confessions and Criminal Culpability

Sleep disruption and the resulting fatigue are a universal human challenge, yet their impact on the outcomes of the criminal justice system is neglected or misunderstood. In this vein, emerging evidence suggests that sleep-related fatigue can undermine the fidelity of legal statements and increase confessions. Accordingly, this presentation addresses the prevalence of sleep disruption among subjects interacting with the criminal justice system, its impact on memory of victims and witnesses, and the role of sleep-related fatigue as a critical vulnerability factor for (false) confessions. Moreover, during sleep itself people can engage in violent or apparently criminal behavior. Even if such behavior occurs without conscious intention or memory, poor understanding of sleep disorders prevents proper determination of suspects' culpability by legal actors. Therefore, this presentation also overviews parasomnias, sleep-related violence, and highlights critical elements of a valid 'sleepwalking defense'. Applications of scientific principles are illustrated with references to case law, but also evidentiary and constitutional considerations.

Learning Objectives:

1. Understand basics of sleep-circadian science and the impact of sleep and fatigue on memory, compliance, and stress

2. Identify and describe cases of parasomnia and sleep-related violence

3. Recognize legal scenarios that involve sleep disorders or sleep deprivation