NCJ Number
141758
Date Published
1993
Length
195 pages
Annotation
This book traces the history of fitness to stand trial and describes the process of adjudicating a defendant deemed unfit to stand trial and restoring him to fitness when possible.
Abstract
Unlike insanity, unfitness to stand trial can usually only postpone criminal proceedings, it refers to the defendant's inability to understand or assist at various stages of the criminal justice process, it can be based on either a mental or physical state, and it is determined by a different type of legal test. Three landmark decisions which have determined the rights of the accused and the means of implementing those rights in terms of unfitness are discussed: Dusky v. United States, Jackson v. Indiana, and Pate v. Robinson. Once the judge has determined the issue of bona fide doubt of the defendant's unfitness, he becomes eligible for a hearing on the issue of his competency. In most jurisdictions, a mental health professional examines the defendant as a precursor to the evidentiary fitness hearing; States have different criteria for this hearing. When a defendant has been found unfit to stand trial, the criminal justice system must decide on his deposition. Special issues related to unfitness to stand trial include amnesia, medication, waiver of rights, and competency to plead guilty. The case of Donald Lang is examined to illustrate many of the issues associated with unfitness to stand trial. Chapter references