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Fitness to Plead – International and Comparative Perspectives - Oxford Scholarship Online
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Fitness to Plead: International and Comparative Perspectives

Ronnie Mackay and Warren Brookbanks

Abstract

While criminalisation 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 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, considering differing perspectives ... More

Keywords: fitness to plead, criminal law, criminalisation, criminal procedure, antisocial behaviour

Bibliographic Information

Print publication date: 2018 Print ISBN-13: 9780198788478
Published to Oxford Scholarship Online: September 2018 DOI:10.1093/oso/9780198788478.001.0001

Authors

Affiliations are at time of print publication.

Ronnie Mackay, editor
Professor of Criminal Policy and Mental Health, De Montfort University

Warren Brookbanks, editor
Professor of Law, Auckland University of Technology

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