Defenses for the Accused Flashcards

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1
Q

Which defense is not mentioned in the criminal code but has developed through precedent/case law

A

Automatism

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2
Q

What are the types of automatism

A

Insane and non-insane

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3
Q

What is insane automatism

A

Automatism caused by a mental disorder

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4
Q

What is non-insane automatism

A

Automatism caused by external factors

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5
Q

What is automatism

A

Functioning without conscious effort/control (involuntary; negates actus reus)

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6
Q

What is the result of using automatism as a defense

A

non-insane: accused is acquitted
insane: accused is not criminally responsible

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