NCJ Number
47244
Journal
Journal of the Forensic Science Society Volume: 17 Issue: 2 & 3 Dated: (APRIL-JULY 1977) Pages: 113-120
Date Published
1977
Length
8 pages
Annotation
AUTOMATISM AS A FACTOR IN THE GUILT OR INNOCENCE OF THE OFFENDER IN CERTAIN TYPES OF CRIME IS EXAMINED.
Abstract
IT IS ARGUED THAT IT IS A BASIC CONCEPT OF JUSTICE THAT AN ACT CANNOT BE CONSIDERED AS MERITING PUNISHMENT WHEN THE PERPETRATOR DOES NOT HAVE A GUILTY MIND. COMING UNDER THIS UMBRELLA IS BEHAVIOR THAT HAS BEEN DESIGNATED AS AUTOMATISM; THAT IS, WHEN A PERPETRATOR HAS, PERHAPS ONLY TEMPORARILY, LOST VOLUNTARY CONTROL AND PLEADS THAT THIS LOSS IS INCOMPATIBLE WITH GUILT OF THE MIND. SEVERAL CIRCUMSTANCES OF IMPAIRED CONSCIOUSNESS ARE DISCUSSED. EXAMPLES ARE CITED OF PHYSICAL ILLNESSES -- DIABETES MELLITUS, FOR EXAMPLE -- THAT SOMETIMES INFLUENCE BEHAVIOR. EPILEPSY IS ALSO NOTED. AN EPILEPTIC MAY DEVELOP A POSTFIT CONDITION IN WHICH HE OR SHE WANDERS, BEHAVES IRRATIONALLY OR BECOMES VIOLENT. MENTAL ILLNESS, MENTAL DEFECT AND PSYCHOPATHY ARE DISCUSSED. VIEWS ON ALCOHOL AND DRUG INTOXICATION ARE EXAMINED. ALTHOUGH INTOXICATION OFTEN LEADS TO ACTS OVER WHICH OFFENDERS HAVE NO CONTROL, IT IS SELDOM LOOKED UPON WITH FAVOR BY ANY COURT AS TENDING TO EXCULPATE. SPECIFIC CASES ARE CITED AND THE OBSERVATIONS OF A PARLIAMENTARY COMMITTEE STUDYING MENTAL DISEASE AND CRIMINALITY ARE REVIEWED. COMMITTEE RECOMMENDATIONS REGARDING JUDICIAL DISCRETION AND SELF-INDUCED AUTOMATISM ARE EXAMINED. SHOPLIFTING AS A PSYCHOLOGICALLY MOTIVATED OFFENSE IS ALSO CONSIDERED. INNOCENT AND OTHERWISE RESPECTABLE PEOPLE ACCUSED OF SHOPLIFTING ARE SOMETIMES THE VICTIMS OF BIZARRE AND UNWITTING BEHAVIOR BROUGHT ON BY AN ORGANIC AILMENT SUCH AS SENILITY, OR INSULINOMA LEADING TO SEVERE HYPOGLYCEMIA. IT IS ARGUED THAT CONVICTION FOR SHOPLIFTING IN THE MIDDLE-AGED OR ELDERLY MAY BE A PRODROMAL SYMPTOM OF A DEPRESSIVE ILLNESS. REFERENCES ARE PROVIDED. (KBL)