The ability to stand trial hinges upon a whether a person charged with a crime is so psychologically and/or intellectually impaired that they would be present only in body and not in mind during the trial and sentencing. This includes mental and developmental disorders, and refers to preparation for trial, and post judgment issues such as sentencing. An individual can become impaired at any point during this process, and may be judged capable of proceeding with an attorney but not capable of representing himself or herself without the benefit of counsel.
This chapter also looked at how the law views a person’s ability to judge right from wrong at the time of the crime and how those standards developed from the original M’Naghten Rule in 1843 to the present day. . Among the other legal issues raised are those of treatment, prosecution and subsequent release of mentally impaired individuals. Within the information presented, there was also substantive matter on the various disorders, their diagnosis criteria and treatment options. This chapter helped me clear up some of the misconceptions I had regarding the difference between clinical and criminal psychiatric diagnosis and treatment.
Bartol, C. R., & Bartol, A. M. (2011). Crime and Mental Disorders. In Criminal Behavior: A Psychological Approach (9th ed.) (pp. 208 - 245). Upper Saddle River, NJ, USA: Person Education/Prentice Hall.