[Automatism and the law in Norway 1981-2000].
BACKGROUND
Automatism in criminal cases is a medical, legal and ethical challenge in most countries, as it often leads to acquittal in criminal cases. In Norway it is also a semantic problem; the term "unconsciousness" is used in criminal law in a meaning that differs from its normal sense of coma.


METHODS
In the years 1981-2000 the conclusion "unconsciousness"/automatism was reached in 42 cases by forensic psychiatrists. We have scored their assessments regarding demographic, social, criminological and psychiatric variables in the felons.


RESULTS
The main reasons for concluding that automatism was present were: toxic (mainly alcohol) in 64%, psychogenic in 24%, and organic in 12% of the cases. The two most frequent crimes in the sample were manslaughter (29%) and intoxicated driving (21%). In 33% of cases the court did not return an acquittal based on automatism. In 29 % of the cases we disagree with, and in a further 36% we are in doubt about, the conclusions reached by the forensic psychiatrists.


CONCLUSIONS
Many assessments were of insufficient quality; this may give rise to questions regarding equal treatment under criminal law. We propose some changes that are called for to Norwegian legislation and practice in the field.
Hartvig
Pål
P
Kompetansesenter for sikkerhets-, fengsels- og rettspsykiatri for Helseregion Øst og Helseregion Sør, Aker universitetssykehus, 0320 Oslo. paal@hartvig.net
Rosenqvist
Randi
R
Stang
Hans Jakob
HJ
D000293:Adolescent; D000328:Adult; D000435:Alcoholic Intoxication / Q000175:diagnosis; D001332:Automatism / Q000175:diagnosis / Q000523:psychology; D003415:Crime / Q000331:legislation & jurisprudence*; D004213:Dissociative Disorders / Q000175:diagnosis; D005104:Expert Testimony / Q000331:legislation & jurisprudence; D005260:Female; D005555:Forensic Psychiatry / Q000331:legislation & jurisprudence*; D006801:Humans; D008297:Male; D008875:Middle Aged; D009664:Norway; D012559:Schizophrenia / Q000175:diagnosis; D019966:Substance-Related Disorders / Q000175:diagnosis; D014754:Violence