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.
J Am Acad Psychiatry Law. 2023 Sep;51(3):401-410. doi: 10.29158/JAAPL.230042-23. Epub 2023 Aug 2.
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.
自我诱导醉酒导致自动症的话题是一个复杂的法律问题，横跨精神病学、法律和社会政策的边界。有人认为，妇女和儿童主要是性暴力和家庭暴力的受害者，而这些事件中往往涉及到物质的作用。这种考虑使社会对任何可能为犯罪者开脱、减轻或免除罪责的法律措施保持敏感。加拿大、美国和英国的法律制度都在尽最大努力处理这些情况，有时不一致，有时与公众话语和随后的立法相冲突。本文对这三个国家的判例法和立法进行了比较。我们审查了自动症和自我诱导醉酒导致自动症的概念，并展示了法院如何处理这个问题。
