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| Marcel Strigberger |
A study reported in the Journal of Clinical Sleep Medicine discusses research that has shown that even the one-hour switch this time of year results in a significant spike of medical malpractice in the form of amongst other things, surgery blunders and medication mix-ups. The research also noted that the time change results in sleep deprivation due to “circadian misalignment” and that judges who are sleep deprived have stronger emotional reactions and less empathy. They can therefore impose harsher sentences in criminal matters and higher damage awards and otherwise act a bit erratic. This could be a problem which lawyers should be aware of.
I am retired now from practice but if I were still conducting trials, I would certainly have my antennae up looking to see if my judge is all in and attentive to the evidence. One red flag of course would be a yawning judge. My concerns would certainly increase if a witness was spouting hearsay saying he knows that Bill stole that Lexus because George told him, and ruling on my objection the judge would say, “Hearsay, shmearsay. I’ll allow it.”
And if found guilty, as the study shows, the judge might hit the client harder:
“I find the accused guilty of stealing a tumbler of shampoo. I sentence him to incarceration for two years less a day…No make that two years plus a day. What the heck!”
Yes, I know we would have good grounds to appeal. The Notice of Appeal might read in part,
“The learned justice erred misapprehending the evidence in that during the trial he got distracted after spilling a glass of water over his pajamas.”
Then again even an appeal might scare me. What if the appeal is heard just after the clocks move up an hour to DST? I would really get suspicious if as the appeal court panel is about to enter the courtroom, the registrar comes in carrying three pillows. Circadian misalignment yikes!
And if judges are sleep-deprived, what about juries? They, too, are human. What if they cannot help it and have the need to catch some zzzzs? During jury selection I would test a prospective juror by whistling a few bars of Rock-A-Bye Baby. See what happens. I’d say it would be a proper and allowable test. The judge likely would not object. I would run it by him and ask for leave as soon as he finished snoring.
And how would the jury be reacting in the jury room? Generally I would have all the confidence in a properly selected jury. However after the move to DST I would not even want to be a fly on the wall and hear the foreperson remark to his fellow jurors something like, “Is the guy guilty beyond a reasonable doubt?…What say you?...Hello? Rise and shine.”
The American Academy of Sleep Medicine Is not happy with the clock change.
Interestingly Saskatchewan does not do the switch, remaining on Central Standard Time (CST) all year round. If only lawyers across Canada could plead all their cases there especially in the springtime. Judges are no doubt more mellow:
“The gentleman stole a pick-up truck. He says he did not have the means to rent a U-Haul. He is a victim of circumstances. And he did show remorse saying he will not do it again. Sounds reasonable. An absolute discharge is in order.”
Caveat: The CST does not apply to the western Saskatchewan city of Lloydminster. For some reason this community also does the spring and fall time switch. I can easily see a a sleep deprived judge in a packed courtroom imposing sentence for a serious crime:
JUDGE: “I sentence you to five years in the penitentiary. Our residents must be protected from rogues and knaves like you who go around plastering graffiti on silos. I trust our community is satisfied with the disposition. Folks you can all clear the courtroom now, go home and have your much needed 40 winks and don’t forget your pitchforks.”
One thought about those findings of those sleep study researchers bothers me. What if they did their study during daylight savings time? What if they too were sleep-deprived? Are their conclusions invalid?
Marcel Strigberger retired from his Greater Toronto Area litigation practice and continues the more serious business of humorous author and speaker. His book Boomers, Zoomers, and Other Oomers: A Boomer-biased Irreverent Perspective on Aging is available on Amazon, (e-book) and paper version. Visit www.marcelshumour.com. Follow him @MarcelsHumour.
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