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![]() 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
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