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 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.


SchoolLa Trobe Law School

Credit points15

Subject Co-ordinatorSuzanne O'Toole

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 subjectsN/A

Equivalent subjectsN/A

Special conditionsN/A

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.

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.

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:
Literacies and Communication Skills (Writing)

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.

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:
Literacies and Communication Skills (Writing)

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:
Literacies and Communication Skills (Writing)

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.

Subject options

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Start date between: and    Key dates

Bendigo, 2020, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorSuzanne O'Toole

Class requirements

Lecture Week: 31 - 43
One 1.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via online.

Seminar Week: 32 - 43
One 2.0 hours seminar per week on weekdays during the day from week 32 to week 43 and delivered via blended.

Assessments

Assessment elementComments% 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, 2020, Semester 2, Day

Overview

Online enrolmentYes

Maximum enrolment sizeN/A

Enrolment information

Subject Instance Co-ordinatorSuzanne O'Toole

Class requirements

Lecture Week: 31 - 43
One 1.0 hours lecture per week on weekdays during the day from week 31 to week 43 and delivered via online.

Seminar Week: 32 - 43
One 2.0 hours seminar per week on weekdays during the day from week 32 to week 43 and delivered via face-to-face.

Assessments

Assessment elementComments% 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