Buffy s3e8

The law on Oz-wolf

Oz-wolf falls within an area of English law which appears quite arbitrary. While in wolf-form Oz, the legally responsible person, has no control over his actions. This is most similar to the excuse of automatism (the best example of which would be a crime committed while sleepwalking). Because Oz has no control over his actions it would be unjust to hold him culpable of the offences committed (Angel might try a similar argument in relation to his crimes as Angelus).

Automatism is divided into two categories: insane and non-insane. Just as legal insanity has it's own particular definition which bears little resemblance to the accepted meaning, insane automatism means rather than the cause of the automatism is internal rather than in non-insane where the cause is external. This distinction is best illustrated by the leading cases on the subject which both revolve around diabetes.

In one case the defendant accidentally injected himself with an overdose of insulin, he therefore lapsed into a hyperglycaemic state in which the offence was committed. This was held to be non-insane automatism as the cause of the automatism was external i.e. the overdose of insulin. In a very similar case the defendant failed to take insulin and so slipped into a hypoglycaemic state. Here it was held to be insane automatism as there had been no external case, it was his internal condition of diabetes that had caused the automatism.

The distinction sounds trivial but it as an important, perhaps too important, effect upon sentencing. A finding of non-insane automatism allows the defendant to walk free, insane automatism will allow the judge to incarcerate the defendant indefinitely inside a mental hospital. Oz's wolfiness is brought about by an internal condition that manifests itself, but that condition is provoked by an external source, the rays of the full moon, which is external, but working on an internal condition. In the above case of non-insane automatism an overdose of insulin would cause anyone into a hyperglycaemic state, the only effect of the diabetes condition was in explaining why the defendant was injecting himself with insulin. It is the internal condition of 'wereism' is what is actually operating. So Oz better watch out or he'll find he's been assigned a kennel in Arkham.

A small corollary concerning Oz's periodic incarceration. This is his 'punishment' and it is justified under the aim of 'defence of society', but this is not the only reason for punishing people. Rehabilitation is another traditional motivation. In this case it would comprise of finding some way of curing Oz of his 'wereism' (it's a disease, there might be a cure out there). But so far neither Oz nor anyone else (including the Watcher's Council, if they actually know) has shown the least bit of interest in even investigating the possibility. Then again in Lover's Walk Oz displayed 'were' abilities in his human form, if a cure was discovered that returned him to his original state would he be willing to go through with it? How much of the man he is today can be attributed to his condition?

Go to Masquerade's The Metaphysics of BtVS: Werewolves


Opinions

Calypso 12/2/00
In Scots law, until the recent decision in HMA v Ross, which recognised a defence of non-insane automatism, there was no possibility of acquital on the grounds of automatism. In Ross, the accused had been convicted of attempted murder and assault which he carried out on a number of strangers in a public place. He contended that he had been drinking lager laced with LSD, and had therefore been acting as a automation. The court accepted his defence, stating that in a case where a person lacks evil intention as a result of total alientation of reason, there can be no mens rea, and therefore no conviction.

However, the Ross defence is limited to situations where the automatism is not self induced. Moreover, if the automatism is produced as a result of a "continuing disorder of the mind or body which might lead to the recurrence of the disturbance of mental faculties, the defence fails, and the only defence can be insanity. It is arguable whether Oz's condition is a continuing one in that it only causes his transformation and subsequent behaviour 3 days out of the month. It would appear, though, that lycanthropy is a latent disorder, and only requires certain circumstances to manifest. Its recurring nature would imply that it fails to meet the criteria for automatism, in which case Oz would be looking at a padded cell rather than an acquittal.

Possibly more problematic is the criteria that the automatic state should not be foreseeable by the accused. In the amusing case of Ebsworth v HMA, Mr Ebsworth thought it would be a good idea to numb the pain of a broken leg by consuming an excessive amount of pain-killers washed down with a few Bacardi Breezers. the court held that his own deliberate and reckless act had caused his total alienation of reason, and therefore the defence failed. Oz is certainly able to predict the days of transformation, and should he harm or injure someone due to his failure to properly provide adequate means of restraint and supervision during his werewolf stage, it seems the court would not be sympathetic. Oz should know full well when the dangerous period of the month will be affecting him, and is undoubtedly under a duty of care to plan accordingly.


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