Mentally Disordered Accused (LAW336H1F)

At a Glance

First Term
Credits
3
Hours
2

Enrolment

Maximum
25

20 JD
5 LLM/SJD/MSL/NDEGS/SJD U

Schedule

T: 6:10 - 8:00

Instructor(s): Hy Bloom, Richard Schneider

The presence of mentally disordered accused in the criminal justice system is recognized as an expanding phenomenon. The system will be examined from pre-arrest through to sentencing. Aside from the traditional issues surrounding fitness to stand trial and criminal responsibility the course will consider the relevancy of mental disorder at all junctures within the criminal justice system. Aspects of mental disorder will be examined including definitions, presentation, and determination.
Mental Disorder and the Law: Historical Considerations

Per-arrest and Police Discretion / Diversion of the Mentally Disordered Accused
Dangerousness and Risk Assessment
The Nature, Function, and Benefits of Mental Health Courts
Fitness to Stand Trial
Judicial Interim Release
Criminal Responsibility
The Nature and Process of the Provincial and Territorial Review Board Systems (and Course of Accused Under a Review Board’s Jurisdiction
Automatism
Diminished Responsibility
Psychiatric Assessments/Remands/Treatment
Opinion Evidence/Expert Evidence
Confidentiality and Privilege
Sentencing the Mentally Disordered Accused

Evaluation
A research paper on an approved topic, approximately 4,500 words (18 pages) in length (40%), written during the term and submitted on the deadline date for written work, and an in-class seminar presentation, on topics to be assigned (40%), and class participation (20%).