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Catch-22 - The Fate of an Accused Deemed Unfit To Stand Trial

NCJ Number
90982
Journal
Canadian Criminology Forum Volume: 5 Issue: 2 Dated: (Spring 1983) Pages: 106-120
Author(s)
W Sarre
Date Published
1983
Length
15 pages
Annotation
This article discusses the persistent problems associated with the disposition of persons accused but found unfit to stand trial.
Abstract
In Canada, injustices are perpetuated by the law, which allows judges to retain such persons in custody at the discretion of the Lieutenant Governor. Despite the existence of an advisory review board, many such cases are institutionalized for undue periods and in disregard of the subjects' rights. The discussion reviews the abundant literature on the manner of determining incompetence to stand trial. It also summarizes changes recommended by the Law Reform Commission of Canada in 1976. The conclusion states that the system remains flawed, permitting injustice to be done in the name of justice in collusion with the discipline of psychiatry. A total of 38 references and 6 endnotes are provided. (Author abstract modified)

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