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An anatomy of automatism
1Leicester De Montfort Law School, De Montfort University, United Kingdom rdm@dmu.ac.uk.
Medicine, Science, and the Law
|September 18, 2015
Summary
The automatism defence in law is complex and problematic. This analysis explores its current legal standing, highlighting case law issues and potential reforms for clarity.
Area of Science:
- Law
- Criminology
- Legal Psychology
Background:
- The automatism defence is frequently described as a legal quagmire.
- It presents an intractable problem within legal discourse.
- Understanding its complexities is crucial for legal reform.
Purpose of the Study:
- To analyze and explore the current legal position on automatism.
- To identify specific problems created by case law regarding automatism.
- To comment on recent proposals for the reform of automatism law.
Main Methods:
- Legal analysis of case law.
- Examination of the distinction between sane and insane automatism.
- Review of the 'external factor doctrine' in automatism.
Main Results:
- Case law has created significant problems in defining and applying automatism.
- The distinction between sane and insane automatism remains a contentious issue.
- The 'external factor doctrine' requires further clarification.
Conclusions:
- The current legal framework for automatism is fraught with difficulties.
- Clarification of key distinctions and doctrines is needed.
- Reform proposals aim to address the intractability of automatism law.
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