[SydPhil] UOW Philosophy Seminar Series

[Sarah Sorial]

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