Seizures, Postictal States and Criminal Responsibility
Bernadette McSherry1, Mark Cook2
1Emeritus Professor, Melbourne Law School, University of Melbourne.
Journal of Law and Medicine
|September 3, 2022
Summary
Courts in England, Australia, and New Zealand often view epilepsy seizures as mental impairment, leading to detention. Canadian courts, however, may acquit defendants if seizures negate criminal intent or voluntariness, influenced by policy.
Area of Science:
- Forensic Psychology
- Neurology
- Criminal Law
Background:
- Legal systems grapple with the criminal responsibility of individuals experiencing seizures and postictal states.
- Epilepsy and its associated neurological events present complex challenges in legal and forensic contexts.
Purpose of the Study:
- To analyze how courts in different jurisdictions consider seizures and postictal states when assigning criminal responsibility.
- To compare legal approaches in England, New Zealand, Australia, and Canada regarding epilepsy and criminal culpability.
Main Methods:
- Comparative legal analysis of case law from selected common law jurisdictions.
- Review of judicial reasoning concerning the impact of epileptic seizures on criminal defenses.
Main Results:
- In England, New Zealand, and Australia, seizures are often treated as evidence of mental impairment, potentially leading to indefinite detention.
- Canadian courts have acquitted defendants when seizure evidence negated the voluntariness or fault element of an offense.
- Policy considerations, particularly regarding the classification of epilepsy, appear influential in Canadian legal outcomes.
Conclusions:
- Jurisdictional differences exist in how courts address criminal responsibility in cases involving epilepsy.
- Canadian legal approaches may reflect a distinct policy stance on equating epilepsy with mental disorders in criminal law.
- Further examination of policy implications in legal definitions of mental states related to neurological conditions is warranted.
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