Law and People with Mental Disability

MENTAL HEALTH LAW:

LAW AND PEOPLE WITH MENTAL DISABILITY

Professor Slobogin,

Fall, 2015

Coverage: Course objectives include increasing understanding about: (1) the concept of mental disability; (2) the law’s ability to identify who has a mental disability and to determine how it might affect legally relevant behavior; and (3) the role of mental disability in the criminal law (e.g., the insanity defense, sentencing, sex offender laws, and competency to proceed).

Textbook: The textbook will be Christopher Slobogin, Thomas Hafemeister & Douglas Mossman, LAW AND THE MENTAL HEALTH SYSTEM: CIVIL AND CRIMINAL ASPECTS (6th ed. 2014).

Assignments: There are three types of assignments in this course: (1) Reading the text, following the syllabus below, and being prepared to answer the questions therein; (2) Occasional role-plays (four or five for each student) based on the problems in the text; (3) two pop quizzes. Note that, since we meet only one day a week and this course is inter-disciplinary, there is a sizeable amount of reading (averaging between 40 and 45 pages) for each class.

Grading: Your grade will depend primarily upon your performance on an open-book final examination, 2 hours in length. However, your grade can be enhanced by a full half-point (e.g., B+ to A-) by good performance on the quizzes and good class participation.

Attendance: Unexcused absences from more than 2 classes is ground for dismissal.

INTRODUCTION

Day 1: Mental Disorder and the Mental Health Professions 1-27; 55-69

EXPERTISE

Day 2: Normality and Responsibility 493-542

Day 3: Propensity & Qualifications 522-565; 570-579

Day 4: Implementing Expertise 580-625

CRIMINAL LAW

Day 5: The Insanity Defense 625-673

Day 6: The Mens Rea Defense & Other Defenses 673-715; 725-735

Day 7: Capital Sentencing 735-767

Day 8: Sex Offender Sentencing and Commitment 767-801

Day 9: Insanity Acquittees, Substance Abusers & Prisoners 978-1005

COMPETENCY DETERMINATIONS

Day 10: Competency Generally 1037-1053;

ECT, Psychosurgery & Behavior Modification 1112-1126

Day 11: Right to Refuse Medication 1081-1112

Day 12: Competency to Proceed 1126-1179

Day 13: Decisional Competency; Confessions 1180-1214

Day 14: Execution Competency 1214-1231