Fitness to Plead

Sorry, this product is not currently available to order

Here are some other products you might consider...

Fitness to Plead

Name: Fitness to Plead
SKU: 27875990
Price: 318.00 NZD
Availability: SoldOut

International and Comparative Perspectives

Format:

Hardback

Series:

Oxford Monographs on Criminal Law and Justice

Show Hide Adult Content

Unavailable

Sorry, this product is not currently available to order

Description

The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched.The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.

Author Biography:

Ronnie Mackay is Professor of Criminal Policy and Mental Health at De Montfort University. Warren Brookbanks is Professor of Law at Auckland University of Technology.

Release date NZ

July 12th, 2018

Audience

Postgraduate, Research & Scholarly

Contributors

Edited by Ronnie MacKay
Edited by Warren Brookbanks

Pages

368

Series

Oxford Monographs on Criminal Law and Justice

Dimensions

164x239x27

ISBN-13

9780198788478

Product ID

27875990

Customer reviews

Nobody has reviewed this product yet. You could be the first!

Write a Review

Marketplace listings

There are no Marketplace listings available for this product currently.
Already own it? Create a free listing and pay just 9% commission when it sells!

Sell Yours Here

Get free delivery, exclusive deals, and more^*

Non-Fiction Books:

Fitness to Plead

Sorry, this product is not currently available to order

Fitness to Plead

Format:

Series:

Description

Author Biography:

Customer reviews

Marketplace listings

Help & options

Filed under...

Get free delivery, exclusive deals, and more*

Fitness to Plead

Sorry, this product is not currently available to order

Author Biography:

Get free delivery, exclusive deals, and more^*