Automatism as a Defense in Canadian Criminal Law Analytical Essay by Top Papers
Automatism as a Defense in Canadian Criminal Law
An examination of the defense of automatism in criminal law in Canada.
# 135789 | 5,000 words | 20 sources | 2007 |
Published on Dec 01, 2007 in Law (Criminal) , Canadian Studies (General)
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The paper discusses insane automatism as a defense in particular situations that stresses a longstanding gap between legal views of the mind/consciousness and culpability and medical knowledge, particularly forensic psychiatric knowledge. The paper provides an outline of typical disorders and looks at the implications of incomplete diagnoses and the overall need for a defense of automatism in criminal law. The paper includes various Canadian and medico-legal sources.
From the Paper:"Automatism refers to unconscious and involuntary behaviour. In criminal proceedings, where automatism is brought to bear upon the culpability of the accused, the prosecution must prove that a prohibited act took place, the accused at fault, but in an occasion that was involuntary. Evidence of automatism may be given by the defence to rebut the inference of voluntarism or intention expressed as mens rea. Insane automatism is required as a concept and indeed defense given the likelihood that persons suffering from some mental disorders will offend in unintended ways and in..."
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Automatism as a Defense in Canadian Criminal Law (2007, December 01) Retrieved June 06, 2023, from https://www.academon.com/analytical-essay/automatism-as-a-defense-in-canadian-criminal-law-135789/
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