The night that hides things from us
In the summer of 2008, police arrived at a caravan in the seaside town of Aberporth, west Wales, to arrest Brian Thomas for the murder of his wife. The night before, in a vivid nightmare, Thomas believed he was fighting off an intruder in the caravan – perhaps one of the kids who had been disturbing his sleep by revving motorbikes outside. Instead, he was gradually strangling his wife to death. When he awoke, he made a 999 call, telling the operator he was stunned and horrified by what had happened, and unaware of having committed murder.
Crimes committed by sleeping individuals are mercifully rare. Yet they provide striking examples of the unnerving potential of the human unconscious. In turn, they illuminate how an emerging science of consciousness is poised to have a deep impact upon concepts of responsibility that are central to today’s legal system.
After a short trial, the prosecution withdrew the case against Thomas. Expert witnesses agreed that he suffered from a sleep disorder known as pavor nocturnus, or night terrors, which affects around one per cent of adults and six per cent of children.
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It is commonplace to drive a car for long periods without paying much attention to steering or changing gear. According to Jonathan Schooler, professor of psychology at the University of California, Santa Barbara, ‘we are often startled by the discovery that our minds have wandered away from the situation at hand’. But if I am unconscious of my actions when I zone out, to what degree is it really ‘me’ doing the driving?
This question takes on a more urgent note when the lives of others are at stake. […] The driver appeared in Worcester Crown Court on charges of causing death by reckless driving. For the defence, a psychologist described to the court that ‘driving without awareness’ might occur following long, monotonous periods at the wheel. The jury was sufficiently convinced of his lack of conscious control to acquit on the basis of automatism.
The argument for a lack of consciousness here is much less straightforward than for someone who is asleep. In fact, the Court of Appeal said that the defence of automatism should not have been on the table in the first place, because a driver without ‘awareness’ still retains some control of the car. None the less, the grey area between being in control and aware on the one hand, and in control and unaware on the other, is clearly crucial for a legal notion of voluntary action.
If we accept automatism then we reduce the conscious individual to an unconscious machine. However, we should remember that all acts, whether consciously thought-out or reflexive and automatic, are the product of neural mechanisms.
previously { Sometime after 2 A.M. one Sunday morning in May 1987, Kenneth James Parks drove 23 kilometers to the apartment of his wife’s parents. }
photo { Claudine Doury }
