Automatism – A case of reality testing
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Abstract
Automatism represents automatic behaviour, thereby eliminating concepts of actus rea and mens rea, as the perpetrator is not in voluntary control of his/her actions nor intent. There are ‘sane’ automatisms (due to external factors) or ‘insane’ automatisms (due to internal factors). The present case represents a situation in which both ‘sane’ and ‘insane’ automatism could be evoked but neither were applicable when the facts were critically evaluated. Having pleaded guilty to the charge of manslaughter, the accused then tried to evoke automatism at the sentence hearing, which would, if proven, have resulted in an acquittal, thereby pleading both guilt and innocence in the same trial, something dismissed by the judge.
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Forensic Science International: Mind and Law
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1
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© 2020 The Author. Published by Elsevier B.V. This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs 4.0 International (CC BY-NC-ND 4.0) License, which permits unrestricted, non-commercial use, distribution and reproduction in any medium, providing that the work is properly cited.
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Criminology
Psychology
Testing, assessment and psychometrics
Cognitive and computational psychology
Psycholinguistics (incl. speech production and comprehension)
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Beran, RG, Automatism – A case of reality testing, Forensic Science International: Mind and Law, 2020, 1, pp. 100019