Automatism as a Defense to Crime

Automatism refers to unconscious, involuntary behavior and can be used as a defense against criminal responsibility, in essence to reduce culpability, based on the idea that a person cannot be held liable for actions that do not stem from full awareness of thoughts and behaviors. Causes of automatism used in criminal defense include somnambulism, cerebral concussion, delerium from fever or drugs, diabetic shock, and epileptic blackouts. In American courts there has been no consistent interpretation of the automatism defense. Some courts have viewed automatism as a variation of the insanity defense, whereas other courts have accepted it as a complete affirmative defense. A great deal rests on the court's interpretation because an insanity defense usually results in hospitalization, whereas a successful strict affirmative defense results in acquittal. In the British system, a distinction is made between sane and insane automatism. British courts use the McNaughten standard for the insanity defense. Within this context, automatism is conceptualized as a “defect of reason”, which may or may not be a result of a “disease of the mind”. If the “defect of reason” is a result of a “disease of the mind”, it is defined as insane automatism, which meets the McNaughten standard. Matters are further complicated because a judge may also consider the likelihood of recurrence of the criminal behavior as a factor in deciding whether the appropriate defense is insane or sane automatism, that is whether the appropriate disposition is hospitalization or acquittal. Keywords: automatism; automatism defense; affirmative defense; sleepwalking; epilepsy; actus reus; mens rea