| AAPL Practice Guideline for the Forensic Psychiatric Evaluation of Competence to Stand Trial: an English legal perspective. | |
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MedLine Citation:
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PMID: 18086742 Owner: NLM Status: MEDLINE |
Abstract/OtherAbstract:
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This brief commentary compares the law relating unfitness to plead in England and Wales with that of competency to stand trial, as reflected in the AAPL Practice Guideline. In so doing, it presents the argument that English law, with its adherence to a test of unfitness that goes back to the first half of the 19th century, may no longer be fit for the purpose. Unlike the test for incompetency to stand trial adopted by most of the United States, English law fails to incorporate decisional competence and consequently may be failing to protect vulnerable defendants. The commentary concludes that, despite the differences in law and practice between our respective countries, the AAPL Guideline contains much of value for psychiatrists and lawyers who have to deal with unfitness to plead, an area of the law that surely ought to be the subject of consideration for reform. |
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Authors:
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R D Mackay |
Publication Detail:
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Type: Journal Article; Legal Cases |
Journal Detail:
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Title: The journal of the American Academy of Psychiatry and the Law Volume: 35 ISSN: 1093-6793 ISO Abbreviation: J. Am. Acad. Psychiatry Law Publication Date: 2007 |
Date Detail:
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Created Date: 2007-12-18 Completed Date: 2008-03-14 Revised Date: - |
Medline Journal Info:
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Nlm Unique ID: 9708963 Medline TA: J Am Acad Psychiatry Law Country: United States |
Other Details:
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Languages: eng Pagination: 501-4 Citation Subset: IM |
Affiliation:
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School of Law, De Montfort University, The Gateway, Leicester LE1 9BH, UK. rdm@dmu.ac.uk |
Export Citation:
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| MeSH Terms | |
Descriptor/Qualifier:
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England Forensic Psychiatry / legislation & jurisprudence, standards* Humans Mental Competency / legislation & jurisprudence*, psychology Practice Guidelines as Topic* Wales |
From MEDLINE®/PubMed®, a database of the U.S. National Library of Medicine
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