LAW4571 · Mental health, intellectual disability and criminal justice

Overview

This unit explores the relevance of mental disorder or intellectual disability in criminal law and procedure with a critical analysis of complex inter-and cross-disciplinary issues in application and evolving (human) rights concerns about the law itself or its application. It aims to explore matters, such as unfitness to stand trial, the defence of mental impairment, sentencing and preventive detention, and the role of expert evidence in application. It also aims to discuss contemporary issues, such as equality before the law and the role of reasonable accommodation in criminal law, the overrepresentation of Aboriginal and Torres Strait Islanders in the criminal justice system and disability sector, therapeutic justice and diversion programs, persistent service shortcomings and community misperceptions.

Offerings

The Handbook publishes no offerings for this unit.

Assessment

The Handbook does not list a final examination among the assessment items. That is not a guarantee there is none.

Assessment details may change. Please refer to the assessment information in Moodle closer to the start of the teaching period.

Requisites

Learning outcomes

1. Gain advanced and integrated knowledge of rules and principles in criminal law and proceedings concerning people with intellectual or psychosocial disability who come into contact with the criminal justice system and the broader context within which these rules and principles apply, including professional ethics and human rights law.
2. Gain advanced understanding of legal decision-making in an interdisciplinary area with an ability to recognise, and reflect upon, the legal, ethical and cross-disciplinary issues arising in application and a developing ability to respond to the professional responsibilities of lawyers and other professionals involved in decision-making.
3. Engage in critical thinking and gain analytical skills with an ability to identify and articulate complex legal issues in an interdisciplinary area of law and apply legal reasoning to generate appropriate responses.
4. Demonstrate the intellectual and practical skills needed to identify, research, synthetise and evaluate the relevant legal, ethical and policy issues.
5. Gain effective communication skills by generating appropriate responses that are persuasive for legal and non-legal audiences.
6. Collaborate effectively amongst peers or non-peers.
7. Learn and work independently and reflect on, and assess, own capabilities and performance, and make use of feedback as appropriate, to support personal and professional development.

Workload

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

Student experience, not official rules. Nothing here changes what the Handbook says.