Fitness to Stand Trial: An Examination of Procedure for the Trial of Unsound Mind

Authors

  • Muhammad Rustam Abbas Tullah Advocate High Court, LL.M.
  • Muhammad Waqas Sarwar Lecturer, Government College University Faisalabad, Ph.D. (Scholar) LL.M. LL.B.
  • Dr. Iqra Khalil Assistant District Public Prosecutor, Ph.D. LL.M. LL.B.
  • Hafiz Muhammad Azeem (Corresponding author) Assistant Director (Legal) Federal Investigation Agency, LL.M. LL.B. (hons) D.B.L. M.A. Political Science

Keywords:

Criminal Trial, Mental Competency, Unsound Mind, Criminal Justice System, Mental Illness

Abstract

This research paper has answered the question: what are the legal procedural principles to determine whether an accused with mental illness is fit to stand trial or not. To ensure a fair and just decision of a criminal case it requires accurate evaluation of mental capacity of an accused person. This study has employed a qualitative methodology on the basis of documentary analysis which includes legal instruments such as statutes and landmark case laws related to mental capacity for trial primarily, as well as scholarly articles, policy documents, reports, guidelines, and other legal literature. A thematic analysis of these sources was conducted to identify recurring themes and to describe the correct procedural principles for fitness evaluations. The conclusion has synthesized the findings. In conclusion, this study has proposed principles for correct application of the legal procedures for the trial of vulnerable accused persons, with an aim to ensure a more just and comprehensive legal environment for their trial.

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Published

2024-06-30

How to Cite

Muhammad Rustam Abbas Tullah, Muhammad Waqas Sarwar, Dr. Iqra Khalil, & Hafiz Muhammad Azeem. (2024). Fitness to Stand Trial: An Examination of Procedure for the Trial of Unsound Mind. Pakistan Research Journal of Social Sciences, 3(2). Retrieved from https://prjss.com/index.php/prjss/article/view/136

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Section

Articles