Fitness to Stand Trial. Fairness First and Foremost
- Publisher:
- Irwin Law Inc.
- Publication date:
- 2018-06-22
- Authors:
-
Richard D. Schneider
Hy Bloom - ISBN:
- 9781552214985
Description:
Of all the issues that bring mental health practitioners and the criminal courts together, fitness to stand trial is by far the most common. In Canada, thousands of fitness assessments, psychiatric reports, fitness hearings, and verdicts of either “fit” or “unfit” to stand trial are rendered every year. For such a common event, one would be inclined to think that, for the most part, the law is uncontroversial; that most of the issues have been settled. Fitness to Stand Trial lays out the law as it is seemingly settled, and discusses several areas where the law is much less settled. What exactly is required of the accused in terms of their ability to think rationally? Does one need to be “fit to stand trial” in order to proceed with a bail hearing? Or, post-verdict, with sentencing? Can an otherwise unfit accused become “fit enough” with the assistance of counsel? Does the test for unfit to stand trial contain a prospective element? These and many other less-than-clear aspects of the fitness rules are explored fully in this new volume.
Index
- About the Authors
- Introduction
- A Brief History of the Fitness Rules
- Unfit to Stand Trial': The Test
- When the Issue of Fitness May Arise
- Psychiatric Aspects of Fitness
- Assessing Fitness to Stand Trial
- Trial of the Issue of Fitness
- Upon a Verdict of Unfit
- Self-Representation: Fitness and Difficult Accused
- Fitness in the United Kingdom and the United States
- Index
- Appendices A. Canadian, British, and American Case Summaries
- Appendix B. Form 48: Assessment Order of the Court
- Appendix C. Form 48.1: Assessment Order of the Review Board
- Appendix D. Treatment Order (Section 672.58)
- Appendix E. 'Keep Fit' Order (Section 672.29)
- Appendix F. Hospital Pending Review Board (Section 672.46(2))
- Appendix G. Disposition: Detention in Hospital (Section 672.54(c))
- Appendix H. Disposition: Discharge Subject to Conditions (Section 672.54(b))
- Table of Cases
- Conclusion
- Preliminary sections