Automatism

Automatism (pronounced aw-tom-uh-tiz-um)

(1) A condition in which one is consciously or unconsciously, but involuntarily, compelled to the performance of certain acts; also called telergy.

(2) In philosophy, the doctrine that all activities of animals (or of humans and animals), are entirely controlled by physical or physiological causes in which consciousness takes no part; the doctrine that animals are automata, operating according to mechanical laws.

(3) In certain common-law jurisdictions, a defense available to the accused in certain, limited circumstances.

(4) In clinical physiology. the involuntary functioning of an organic process, especially muscular, without apparent neural stimulation.

(5) In psychology, the performance of an act or actions without the performer's awareness or conscious volition.

(6) In early-mid twentieth-century art, a method of producing pictorial art, as paintings and collages, associated chiefly with the dadaists and surrealists, in which the artist strives to allow the impulses of the unconscious to guide the hand in matters of line, color and structure without the interference of conscious choice.

1803: From the Ancient Greek automatismós (a happening of itself), the construct being automat(on) + -ism.  Automaton (αὐτόματον) (autómaton) as the neuter form of αὐτόματος (autómatos) (self moving, self willed).  The –ism suffix is ultimately either from the Ancient Greek -ισμός (-ismós), a suffix that forms abstract nouns of action, state, condition, doctrine; from stem of verbs in -ίζειν (-ízein) (whence the English -ize), or from the related suffix Ancient Greek -ισμα (-isma), which more specifically expressed a finished act or thing done.  The preferred plural form is automatisms.  The use in 1803 referenced "the doctrine that animals below man are devoid of consciousness; it was extended in 1856 to to humans in the sense of "automatic or involuntary action."

At law

Sane automatism is an infrequently used defense in law, rare because the standard of proof required is so high.  If successful, it’s an absolute defense for almost any crime, including murder, even in circumstances where the defendant is proved beyond any doubt to have done the deed.

Best thought of as the sleepwalker’s defense, the sane automaton escapes liability because (1) they were sane at the time of the offence and therefore can’t be committed to incarceration by reason of insanity and (2) were wholly unaware of the acts committed in the commission of the offence and can’t be convicted because the law demands, for a criminal prosecution to succeed, the mind must be as guilty as the hand.

This is based on the Roman legal doctrine actus reus non facit reum nisi mens sit rea (the act is not culpable unless the mind is guilty).  In English common law, the rule meant there must be actus reus (the guilty act) and mens rea (the guilty mind).  While in modern courts, mens rea is now called "fault elements" or "mental elements" and actus reus is now called "physical elements" or "external elements", the meaning is the same, the welcome changes being made to replace obscure Latin words with plain English.

Acceptance by courts of the existence of automatism is relatively common but not its acceptance as a defense of the sane and, on technical grounds, prior fault generally excludes automatism, as does intoxication, even when involuntary.  Automatism is thus more associated with a plea of insanity under the M'Naghten Rules (M'Naghten's Case 1843 10 C & F 200).  Under English law, internal causes of automatism are generally judged to be insane automatism and so result in the verdict not guilty by reason of insanity rather than acquittal.

While the sane automatism defense is available in matters such as murder, there are offences of absolute liability where it’s not allowed, even if evidence proved it could be sustained such as receiving parking ticket after neglecting to feed meter.

Automatist Art

The Garden, (1964), by Hannah Hoch (1889-1978)