An International Comparison and Review of Self-Induced Intoxication Causing Automatism. 2023

Graham D Glancy, and Kiran Patel, and Marissa Heintzman, and Richard M Schneider
Dr. 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.

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.

UI MeSH Term Description Entries
D007298 Insanity Defense A legal concept that an accused is not criminally responsible if, at the time of committing the act, the person was laboring under such a defect of reason from disease of the mind as not to know the nature and quality of the act done or if the act was known, to not have known that what was done was wrong. (From Black's Law Dictionary, 6th ed) Criminal Insanity,M'Naghten Rule,McNaughton Rule,Defense, Insanity,Insanity, Criminal,Rule, M'Naghten,Rule, McNaughton
D002170 Canada The largest country in North America, comprising 10 provinces and three territories. Its capital is Ottawa.
D002648 Child A person 6 to 12 years of age. An individual 2 to 5 years old is CHILD, PRESCHOOL. Children
D005260 Female Females
D006113 United Kingdom Country in northwestern Europe including Great Britain and the northern one-sixth of the island of Ireland, located between the North Sea and north Atlantic Ocean. The capital is London. Great Britain,Isle of Man
D006801 Humans Members of the species Homo sapiens. Homo sapiens,Man (Taxonomy),Human,Man, Modern,Modern Man
D001332 Automatism Automatic, mechanical, and apparently undirected behavior which is outside of conscious control.
D012725 Sexual Behavior Sexual activities of humans. Anal Sex,Oral Sex,Sexual Activity,Sexual Orientation,Premarital Sex Behavior,Sex Behavior,Sex Orientation,Sexual Activities,Activities, Sexual,Activity, Sexual,Behavior, Premarital Sex,Behavior, Sex,Behavior, Sexual,Orientation, Sexual,Sex, Anal,Sex, Oral

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