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Book
Fitness to plead : international and comparative perspectives
Authors: ---
ISBN: 0198788479 9780198788478 Year: 2018 Publisher: Oxford Oxford University Press

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Book
Fitness to plead : international and comparative perspectives
Authors: --- ---
ISBN: 0191830348 0191092703 0191092711 Year: 2018 Publisher: Oxford : Oxford University Press,

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Abstract

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.

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