MENTAL DISORDER AND CRIMINAL RESPONSIBILITY

LAW3MDC

2020

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 an understanding 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 to assessing the criminal culpability of cognitively impaired and mentally disordered offenders will also be considered.

School: La Trobe Law School (Pre 2022)

Credit points: 15

Subject Co-ordinator: Suzanne O'Toole

Available to Study Abroad/Exchange Students: Yes

Subject year level: Year Level 3 - UG

Exchange Students: No

Available as Elective: No

Learning Activities: N/A

Capstone subject: No

Subject particulars

Subject rules

Prerequisites: LAW1LIM AND LAW1CRL

Co-requisites: N/A

Incompatible subjects: N/A

Equivalent subjects: N/A

Quota Management Strategy: N/A

Quota-conditions or rules: N/A

Special conditions: N/A

Minimum credit point requirement: N/A

Assumed knowledge: N/A

Career Ready

Career-focused: No

Work-based learning: No

Self sourced or Uni sourced: N/A

Entire subject or partial subject: N/A

Total hours/days required: N/A

Location of WBL activity (region): N/A

WBL addtional requirements: N/A

Graduate capabilities & intended learning outcomes

Graduate Capabilities

COMMUNICATION - Communicating and Influencing

INQUIRY AND ANALYSIS - Creativity and Innovation

INQUIRY AND ANALYSIS - Critical Thinking and Problem Solving

INQUIRY AND ANALYSIS - Research and Evidence-Based Inquiry

Intended Learning Outcomes

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

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

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

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

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

06. Argue on different interpretations of fact and law;

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.

Bendigo, 2020, Semester 2, Day

Overview

Online enrolment: Yes

Maximum enrolment size: N/A

Enrolment information: N/A

Subject Instance Co-ordinator: Suzanne O'Toole

Class requirements

LectureWeek: 31 - 43
One 1.00 hour lecture per week on weekdays during the day from week 31 to week 43 and delivered via online.

SeminarWeek: 32 - 43
One 2.00 hours seminar per week on weekdays during the day from week 32 to week 43 and delivered via blended.

Assessments

Assessment element	Comments	Category	Contribution	Hurdle	%	ILO*
Essay (1500 words)	N/A	N/A	N/A	No	30	SILO1, SILO2, SILO3, SILO4, SILO5, SILO6, SILO7
Exam 2.5 Hours (2500 words)	N/A	N/A	N/A	No	55	SILO1, SILO2, SILO3, SILO4, SILO5, SILO6, SILO7
Tutorial quizzes (500 words)	N/A	N/A	N/A	No	15	SILO1, SILO2, SILO3

Melbourne (Bundoora), 2020, Semester 2, Day