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An International Comparison and Review of Self-Induced Intoxication Causing Automatism
Graham D Glancy1, Kiran Patel1, Marissa Heintzman1
1Dr. Glancy is Founder, Forensic Psychiatry (Canada), and Forensic Division Director, Professor, Department of Psychiatry, University of Toronto, Ontario, Canada. Dr. Patel is an Assistant Professor, Department of Psychiatry, University of Toronto, Ontario, Canada, and Staff Psychiatrist, Forensic Division, Complex Care and Recovery Program, Centre for Mental Health and Addiction, Toronto, Ontario, Canada. M. Heintzman is a Research Assistant, University of Toronto, Ontario, Canada. Dr. Schneider is Justice of the Ontario Court of Justice and Chair of the Ontario Review Board, Ontario, Canada, and Adjunct Professor, Department of Psychiatry, Faculty of Medicine and Faculty of Law, University of Toronto, Ontario, Canada.
Abstract:
The topic of self-induced intoxication causing automatism is a complex legal question that straddles the border of psychiatry, the law, and social policy. It has been argued that women and children are predominantly positioned as victims of sexual and domestic violence, in which substances often play a part. This consideration sensitizes society to any legal measures that may potentially excuse, mitigate, or absolve perpetrators. The legal systems in Canada, the United States, and the United Kingdom have dealt with these situations as best as they can, sometimes inconsistently and sometimes coming into conflict with the public discourse and subsequent legislation. This article presents a comparison of case law and legislation among these three countries. We review the concept of automatism and self-induced intoxication leading to automatism, and we show how the courts have dealt with this subject.
