Abstract
The Sri Lanka Journal of Psychiatry (SLJP) is a peer-reviewed, open access journal published bi annually by the Sri Lanka College of Psychiatrists.The Journal publishes original papers, brief reports including case reports and commentaries relevant to psychiatry and allied sciences. The Sri Lanka Journal of Psychiatry is committed to maintaining and conforming to the editorial and ethical standards recommended by the International Committee of Medical Journal Editors.Cover“Perseverance”. These tenacious fishermen in Mannar continue their livelihood despite numerous difficulties. L. N. P. Samarasinghe, Acting Consultant Psychiatrist, Base Hospital Nikaweratiya, Sri Lanka.
Highlights
Fitness to plead is a legal construct that considers the ability of a defendant to take part in a criminal justice process initiated against that person (1)
It is a principle of common law that is recognised in the statutes of many countries and is a fundamental component of any fair trial process (2)
This concept takes into account the defendant’s mental state at the time of the trial, as opposed to what it may have been at the time of the alleged offence
Summary
Fitness to plead is a legal construct that considers the ability of a defendant to take part in a criminal justice process initiated against that person (1). In the case of Drope v Missouri (1975) (12), the Supreme Court added another caveat to Dusky by stating that the defendant must be able to ‘to consult with counsel, and to assist in preparing his defence’ to be found competent to stand trial These decisions broadened the narrow Pritchard criteria by adding ‘rational understanding’ to the test of fitness to plead. The High court would subsequently make a judgment on the disposal of the case (Section 156) (13)
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