Print Сite this

Criminal Law in the Case of a Sleeping Driver

Every felony act necessitates both an illegal action and a criminal mental state. One legal maxim is that an act is not unlawful unless the purpose is unlawful. One condition that the state must demonstrate to secure a punishment under criminal legislation is that the defendant engaged in a voluntary act that led to substantial damage. In the given situation, the defendant named Amy Smith suffered from insomnia and was treated by a medical professional, subsequently receiving a prescription for sleeping pills. As a result of taking the medication, Smith fell asleep at the wheel.

Our experts can deliver a Criminal Law in the Case of a Sleeping Driver essay
tailored to your instructions
for only $13.00 $11.05/page
308 qualified specialists online
Learn more

It is safe to claim that the vast majority of acts are carried out by people when they are conscious and fully aware of what they are doing. Such acts, by nature, can be defined as voluntary acts. As a result, the best method for detecting involuntary behavior is to concentrate on behaviors that occur either unconsciously or without the individual’s past awareness or control (Mack, 1999). Acts conducted during unexpected seizures, blackouts, or spasms would most likely be classified as involuntary (Feinman, 2018). The reason for this is that such activities are not the product of the person’s previous control and might be shocking to the individual.

In the given situation, the defendant did not experience repeated blackouts. Following a medication intake, the defendant was unable to remain conscious. The prescription can serve as evidence of her health problems. However, the health problems at consideration are not those about mental state, meaning that the defendant does not possess intrusive thoughts or have malicious intentions. Additionally, according to the instructions, the defendant took pills two hours before sleep. The time of medication intake is 8.30 p.m., while the time of the accident is 9.30, which means that two hours have not passed. At the scene, Smith was unable to elucidate the situation due to the side effects of the medication, including slurred speech and drowsy movements. Hence, Smith did not commit a criminal act and was, in fact, a victim of circumstances.

References

Feinman, J.M. (2018). Law 101. Everything you need to know about American law. (5th ed.). Oxford University Press.

Mack, R.L. (1999). A layperson’s guide to criminal law. Greenwood Press.

Cite this paper

Select style

Reference

StudyCorgi. (2022, December 16). Criminal Law in the Case of a Sleeping Driver. Retrieved from https://studycorgi.com/criminal-law-in-the-case-of-a-sleeping-driver/

Reference

StudyCorgi. (2022, December 16). Criminal Law in the Case of a Sleeping Driver. https://studycorgi.com/criminal-law-in-the-case-of-a-sleeping-driver/

Work Cited

"Criminal Law in the Case of a Sleeping Driver." StudyCorgi, 16 Dec. 2022, studycorgi.com/criminal-law-in-the-case-of-a-sleeping-driver/.

* Hyperlink the URL after pasting it to your document

1. StudyCorgi. "Criminal Law in the Case of a Sleeping Driver." December 16, 2022. https://studycorgi.com/criminal-law-in-the-case-of-a-sleeping-driver/.


Bibliography


StudyCorgi. "Criminal Law in the Case of a Sleeping Driver." December 16, 2022. https://studycorgi.com/criminal-law-in-the-case-of-a-sleeping-driver/.

References

StudyCorgi. 2022. "Criminal Law in the Case of a Sleeping Driver." December 16, 2022. https://studycorgi.com/criminal-law-in-the-case-of-a-sleeping-driver/.

References

StudyCorgi. (2022) 'Criminal Law in the Case of a Sleeping Driver'. 16 December.

This paper was written and submitted to our database by a student to assist your with your own studies. You are free to use it to write your own assignment, however you must reference it properly.

If you are the original creator of this paper and no longer wish to have it published on StudyCorgi, request the removal.