All in the Mind cover image

Hoarding Disorder; Unfitness to Plead; Mood Phone Apps

All in the Mind

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The Problem With the Unfit-Disdepleid Test

The test dates back to 1836 in a case called Prithshard where the defendant was a deaf mute. The problem with the test is that it only identifies a very small number of people who are unfit to plead, and the test does not consider the decision-making capacity of the defendant. That seems like a major omission, especially in the 21st century. We need to actually look at the decision- making capacity of defendants rather than limiting our investigation just to cognitive intellectual abilities.

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