law3mdc mental disorder
MENTAL DISORDER AND CRIMINAL RESPONSIBILITY
LAW3MDC
2017
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-ordinatorSuzie 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 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
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Melbourne, 2017, Semester 2, Day
Overview
Online enrolmentYes
Maximum enrolment sizeN/A
Enrolment information
Subject Instance Co-ordinatorSuzie 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: 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 element | Comments | % | 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 |