What It Means to Be 'Unfit To Stand Trial

AuthorRichard D. Schneider
Pages175-204
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WHAT IT MEANS TO BE
UNFIT TO STAND TRIAL
[  ]
1
    the “perch,” I noticed right away that Ms
Shaw was in the front row looking very “together.” She has been
appearing regularly and I suspect that she is now close to being
diverted that is, having her charges stayed as a result of her suc-
cessfully completing the diversion program, which consists of “get-
ting better” and being stable in the community.
Several months ago, I had before me a very bizarre-looking Ms
Shaw. She was wild, unkempt, unruly, profane, and abusive. She
was wearing jeans that were falling o her very thin frame. She was
clearly in a manic state and completely out of control. She is a very
attractive young woman in her early thirties, but was conspicuously
unwell. I can’t recall what she was charged with at the moment;
I just recall her desperate condition. Her uncle, Mr Shaw, a law-
yer, was with her, apparently trying to sort things out, profoundly
concerned but clearly out of his depth. I suspected that he was not
a criminal lawyer, as I noticed him conferring with duty counsel,
obviously seeking advice. He had the most minimal control over his
niece. There was with him a familial entourage who were all strug-
gling to contain her.
Later, I had heard that Ms Shaw was in the hospital. I believe
her family had obtained a Form  or  under the Mental Health Act,
which resulted in her involuntary hospitalization. Her uncle made
several appearances on her behalf while she remained in the hospital,

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