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.
Introduction Chapter 1: A Brief History of the Fitness Rules Chapter 2: "Unfit to Stand Trial": The Test Chapter 3: When the Issue of Fitness May Arise Chapter 4: Psychiatric Aspects of Fitness Chapter 5: Assessing Fitness to Stand Trial Chapter 6: Trial of the Issue of Fitness Chapter 7: Upon a Verdict of Unfit Chapter 8: Self-Representation: Fitness and Difficult Accused Chapter 9: Fitness in the United Kingdom and the United States Conclusions Appendices Table of Cases Index About the Authors
