MENTAL DISORDER AND CRIMINAL RESPONSIBILITY
LAW3MDC
2019
Credit points: 15
Subject outline
People with cognitive and/or mental health impairments are overrepresented at all stages of the criminal justice system. For this reason, mental health literacy is essential for anyone considering a career in criminal justice. In this course, students will develop an understanding of the types of mental disorders and cognitive impairments most commonly experienced by defendants. Students will develop anunderstanding of current law in Victoria as well as in other Australian jurisdictions, and proposals for reform. The subject builds upon Principles of Criminal Law and explores laws and procedures relating to fitness to stand trial, the defence of mental impairment, as well as automatism, diminished responsibly and infanticide. A selection of other mental state defences will also be explored as we consider the relevance of states of mind such as fear, rage and intoxication to criminal responsibility. Defences covered may include provocation,self-defence, duress and marital coercion. Principles of sentencing relevant toassessing the criminal culpability of cognitively impaired and mentally disordered offenders will also be considered.
School: La Trobe Law School
Credit points: 15
Subject Co-ordinator: Suzanne O'Toole
Available to Study Abroad Students: Yes
Subject year level: Year Level 3 - UG
Exchange Students: Yes
Subject particulars
Subject rules
Prerequisites: LAW1LIM and LAW1CRL
Co-requisites: N/A
Incompatible subjects: N/A
Equivalent subjects: N/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)
Bendigo, 2019, Semester 2, Day
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Suzanne O'Toole
Class requirements
LectureWeek: 31 - 43
One 2.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via blended.
TutorialWeek: 32 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 32 to week 43 and delivered via blended.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Essay (1500 words) | 30 | 01, 02, 03, 04, 05, 06, 07 | |
| Exam 2.5 Hours (2500 words) | 55 | 01, 02, 03, 04, 05, 06, 07 | |
| Tutorial quizzes (500 words) | 15 | 01, 02, 03 |
Melbourne, 2019, Semester 2, Day
Overview
Online enrolment: Yes
Maximum enrolment size: N/A
Enrolment information:
Subject Instance Co-ordinator: Suzanne O'Toole
Class requirements
LectureWeek: 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.
TutorialWeek: 32 - 43
One 1.0 hours tutorial per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.
Assessments
| Assessment element | Comments | % | ILO* |
|---|---|---|---|
| Essay (1500 words) | 30 | 01, 02, 03, 04, 05, 06, 07 | |
| Exam 2.5 Hours (2500 words) | 55 | 01, 02, 03, 04, 05, 06, 07 | |
| Tutorial quizzes (500 words) | 15 | 01, 02, 03 |