NCJ Number
16662
Journal
International Journal of Offender Therapy and Comparative Criminology Volume: 17 Issue: 2 Dated: (1973) Pages: 129-133
Date Published
1973
Length
5 pages
Annotation
A DISCUSSION OF DEFECTS IN THE PRESENT BRITISH LAWS DEALING WITH MENTALLY ILL OFFENDERS WHICH MAY RESULT IN UNEQUAL AND UNFAIR TREATMENT UNDER THE LAW IN QUESTIONS OF THE DEFENDANT'S FITNESS TO PLEAD.
Abstract
IN ENGLAND, WHEN A DEFENDANT IS CONSIDERED 'UNFIT TO PLEAD', HE IS NOT TRIED BUT COMMITTED TO A MENTAL HOSPITAL. THE QUESTION OF FITNESS, HOWEVER, IS USUALLY RAISED ONLY WITH DEFENDANTS PLEADING NOT GUILTY. THE AUTHOR CONTENDS THAT THE PRESENT SITUATION IS UNSATISFACTORY, BOTH BEACUSE SUCH A PATIENT HAS TO BE TREATED UNDER GREATER RESTRICTIONS, AND ALSO BECAUSE IF TENDS TO BE ASSUMED THAT HE COMMITTED THE OFFENSE IN QUESTION. THREE CASE STUDIES INVOLVING FITNESS TO PLEAD ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED)