Integrating the Complexity of Mental Disability into the Criminal Law Course

Abstract

Mental disability issues can be discussed on a multitude of occasions in the course on criminal law. My own idiosyncratic approach emphasizes mental disability’s intersections with the doctrinal aspects of criminal law. These intersections fall into five categories: 1) the justifications for punishment; 2) the definition of crime in general, to wit, the requirements of a voluntary act, mens rea, and causation; 3) the definition of particular crimes, such as murder, manslaughter, rape, and burglary; 4) defenses to crime, including mistake of law and of fact, as well as justification (including self‐defense) and excuse (including insanity and duress); and 5) considerations in sentencing, including the death penalty and sex offenses.