Defenses for the Accused Flashcards
1
Q
Which defense is not mentioned in the criminal code but has developed through precedent/case law
A
Automatism
2
Q
What are the types of automatism
A
Insane and non-insane
3
Q
What is insane automatism
A
Automatism caused by a mental disorder
4
Q
What is non-insane automatism
A
Automatism caused by external factors
5
Q
What is automatism
A
Functioning without conscious effort/control (involuntary; negates actus reus)
6
Q
What is the result of using automatism as a defense
A
non-insane: accused is acquitted
insane: accused is not criminally responsible