Fitness to stand trial evaluation challenges in the United States: Some comparisons with South Africa

• Published in: South African journal of psychology Vol. 47; no. 2; pp. 148 - 158
• Main Authors: Gowensmith, W Neil, Robinson, Kevin P
• Format: Journal Article
• Language: English
• Published: London, England SAGE Publications 01-06-2017
• Subjects: law; forensic; fitness to stand trial; Criminal responsibility; mental health
• ISSN: 0081-2463; 2078-208X
• DOI: 10.1177/0081246316673523

Like the Republic of South Africa, the United States faces serious challenges regarding fitness to stand trial evaluations, including long waitlists for individuals awaiting such evaluations. Some similarities exist between the RSA and US evaluation systems, including an increasing number of referrals for fitness to stand trial evaluations, limited evaluator resources, and concerns about the significant restrictions on civil liberties for those awaiting evaluation. Recently, the United States has implemented several different solutions to address these issues. These have included broadening the eligibility requirements for fitness to stand trial evaluators, utilizing localized and short-term settings for fitness to stand trial evaluations, and a host of other ideas. This article examines these different solutions, discusses their relevance and potential effectiveness for the RSA evaluation system, and makes recommendations for consideration by policy makers and mental health professionals.