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Introduction

Fitness to plead is an area of growing importance in most Western jurisdictions. It challenges the justification for criminalisation wherever a person’s mental capacity calls into question their ability to participate meaningfully in a trial. However, the doctrine has proven difficult to apply in practice, with many legislative models represented across the jurisdictions. How best to formulate rules for the fair trial of those with mental or physical incapacity and how to manage the issue of disposition following a finding of unfitness is a challenge in most countries. These and other issues are explored in this book through the insights of domestic and international scholars who are familiar with the law around unfitness to stand trial. This chapter broadly describes the fundamental parameters and human rights aspects of the fitness-to-plead doctrine, and concludes with a brief account of the essential elements of each chapter.

Oxford University Press

Ronnie Mackay Warren Brookbanks

Oxford Scholarship Online

2018

Title: Introduction

Description:

Fitness to plead is an area of growing importance in most Western jurisdictions.

It challenges the justification for criminalisation wherever a person’s mental capacity calls into question their ability to participate meaningfully in a trial.

However, the doctrine has proven difficult to apply in practice, with many legislative models represented across the jurisdictions.

How best to formulate rules for the fair trial of those with mental or physical incapacity and how to manage the issue of disposition following a finding of unfitness is a challenge in most countries.

These and other issues are explored in this book through the insights of domestic and international scholars who are familiar with the law around unfitness to stand trial.

This chapter broadly describes the fundamental parameters and human rights aspects of the fitness-to-plead doctrine, and concludes with a brief account of the essential elements of each chapter.

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