While you were sleeping or addicted: A suggested expansion of the automatism doctrine to include an addiction defense

The automatism doctrine stems from the basic principle that a criminal act must be voluntary. Because an act is considered involuntary if it occurs wh ile the actor is in a state of unconsciousness, the automatism doctrine pro vides a defense to crimes committed while sleepwalking. This note takes the position that drug and alcohol addictions result in what should be recogni zed as a similar lack of voluntary control. After discussing general theories behind the automatism doctrine and its re levance to crimes committed while sleepwalking, the author of this note con siders current medical theories regarding drug and alcohol addiction. Becau se both the medical profession and the Supreme Court recognize drug and alc ohol addiction as a disease, the author argues that addicts should not be p unished for committing acts inherently associated with their addictions. Sh e provides several policy justifications for her proposal and concludes tha t courts should extend the automatism doctrine to include an addiction defe nse.