Dr Nicole Vincent (Macquarie University & TU Delft)

Title: Sane enough (for what)? Mental capacity in criminal responsibility and 
competence.

Abstract: Criminal law has an interest in people’s mental capacities at 
different stages in time: e.g. during the commission of a crime, at trial, 
while punishment is administered, and following release from detention. 
Complexities aside, and using the punishment stage as an example, we claim that 
the diverse mental capacity requirements of these four stages reflect that 
different aims are typically pursued at each stage, that some aims admit of 
plural interpretations and can be pursued through different methods, as well as 
underlying normative assumptions. Besides explaining why different mental 
capacities are required at different stages, and offering a procedure for 
resolving disputes about what mental capacities should be required at given 
stages, our approach also provides a unified framework for understanding 
similarities and differences between mental capacity requirements for 
responsibility and for competence in criminal law.

Date: Tuesday 7 August
Location: The University of Wollongong, Building 19, Room: 1003
Time: 5.30-7pm

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