One night in 2008, Brian Thomas strangled his wife to death. Distraught, he promptly turned himself in and was prosecuted for murder. His defense? He was experiencing something scientists refer to as sleep terrors.
Research has shown that, unlike sleepwalking, during which people might get up from bed and start acting out impulses when a person experiences sleep terrors, the brain effectively shuts down, leaving only the most primitive neurological regions active.
Since he was in this state, Thomas thought he was strangling a burglar attacking his wife. However, in court, the defense argued that the instant Thomas thought someone was hurting his wife, it triggered an automatic response – an attempt to protect her. In other words, he followed a habit.
Around the same time, Angie Bachman was sued by the casino company Harrah's for half a million dollars in outstanding gambling debts. This was after she had already gambled away her home and her million-dollar inheritance.
In court, Bachman argued that she, too, was merely following a habit. Gambling felt good, so when Harrah's sent her tempting offers for free trips to the casino, she couldn't resist. (Note that Harrah's knew she was a compulsive gambler who had already declared bankruptcy.)
In the end, Thomas was acquitted, and many, including the trial judge, expressed great sympathy for him. On the other hand, Bachman lost her case and was the object of considerable public scorn.
Both Thomas and Bachman could quite plausibly claim: "It wasn't me. It was my habits!" So why was only one of them acquitted?
Quite simply, once we become aware of a harmful habit, it becomes our responsibility to address and change it. Thomas didn't know he would hurt anyone in his sleep. Bachman, however, knew she had a gambling habit and could have avoided Harrah's offers by participating in an exclusive program that would've prohibited gambling companies from marketing to her.