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Books > Law > International law > International criminal law
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Fitness to Plead - International and Comparative Perspectives (Hardcover)
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Fitness to Plead - International and Comparative Perspectives (Hardcover)
Series: Oxford Monographs on Criminal Law and Justice
Expected to ship within 12 - 17 working days
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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.
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