MENTAL DISORDER AND CRIMINAL RESPONSIBILITY

LAW3MDC

2018

Credit points: 15

Subject outline

Mental disorder is disproportionately high in offenders and this presents special issues in relation to criminal defences and sentencing. This subject builds upon Criminal Law and explores selected mental state defences (insanity/mental impairment; diminished responsibility; infanticide) and the defences of marital coercion and automatism. Principles of sentencing relevant to assessing the criminal culpability of mentally disordered offenders will also be considered. Attention is focussed on the intersection of the criminal law and psychiatry/psychology and relevant issues are explored through discussion of leading cases. Students who undertake the subject will be encouraged to become familiar with contemporary approaches to mental disorder and to develop an understanding of current law and proposals for reform.

SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorAnne Wallace

Available to Study Abroad StudentsYes

Subject year levelYear Level 3 - UG

Exchange StudentsYes

Subject particulars

Subject rules

Prerequisites LAW1LIM and LAW1CRL

Co-requisitesN/A

Incompatible subjects LCR2PSY

Equivalent subjectsN/A

Special conditions Available to currently enrolled students in Bachelor of Laws.

Graduate capabilities & intended learning outcomes

01. Explain the principles governing mental disorder and criminal responsibility in Victoria and other jurisdictions in Australia;

Activities:
Examination and Class participation activities - role plays, group discussions, active fact based problem solving, discussion of press reports.
Related graduate capabilities and elements:
Inquiry/ Research (Inquiry/ Research)
Critical Thinking (Critical Thinking)

02. Explain the interaction between psychological and psychiatric research and expert testimony and mental disorder and criminal responsibility

Activities:
Examination and Class participation activities - role plays, group discussions, active fact based problem solving, discussion of press reports.
Related graduate capabilities and elements:
Inquiry/ Research (Inquiry/ Research)
Critical Thinking (Critical Thinking)

03. Apply these legal principles to a range of different fact situations;

Activities:
Examination and Class participation activities - role plays, group discussions, active fact based problem solving, discussion of press reports.
Related graduate capabilities and elements:
Creative Problem-solving (Creative Problem-solving)
Writing (Writing)
Critical Thinking (Critical Thinking)

04. Discuss legal issues, and to approach their resolution in a systematic manner;

Activities:
Examination and Class participation activities - role plays, group discussions, active fact based problem solving, discussion of press reports.
Related graduate capabilities and elements:
Critical Thinking (Critical Thinking)
Creative Problem-solving (Creative Problem-solving)

05. Communicate the analysis and synthesis of legal principles appropriately and effectively;

Activities:
Examination and Class participation activities - role plays, group discussions, active fact based problem solving, discussion of press reports.
Related graduate capabilities and elements:
Creative Problem-solving (Creative Problem-solving)
Writing (Writing)
Critical Thinking (Critical Thinking)

06. Argue on different interpretations of fact and law;

Activities:
Examination and Class participation activities - role plays, group discussions, active fact based problem solving, discussion of press reports.
Related graduate capabilities and elements:
Writing (Writing)
Critical Thinking (Critical Thinking)
Creative Problem-solving (Creative Problem-solving)

07. To be able to research, locate and critically analyse a range of written sources of law, in particular, cases, statutes and government policy documents.

Activities:
Examination and Class participation activities - role plays, group discussions, active fact based problem solving, discussion of press reports.
Related graduate capabilities and elements:
Inquiry/ Research (Inquiry/ Research)

Subject options

Select to view your study options…

Start date between: and    Key dates

Melbourne, 2018, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorAnne Wallace

Class requirements

Lecture Week: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Tutorial Week: 31 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 31 to week 43 and delivered via face-to-face.

Assessments

Assessment elementComments% ILO*
Policy essay (1500 words)35 01, 02, 03, 04, 05, 06, 07
Exam 2.5 Hours (2500 words)50 01, 02, 03, 04, 05, 06, 07
Tutorial quizzes (500 words)15 01, 02, 03, 04, 05, 06, 07