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Research ArticleAnalysis and Commentary

Mute by Visitation of God, Competency to Stand Trial and Fitness to Plead

Alec Buchanan
Journal of the American Academy of Psychiatry and the Law Online June 2024, 52 (2) 207-215; DOI: https://doi.org/10.29158/JAAPL.240005-24
Alec Buchanan
Dr. Buchanan is a Professor of Psychiatry, in the Law and Psychiatry Division, Department of Psychiatry, Yale University School of Medicine, New Haven, CT and Associate Chief of Psychiatry, VA Connecticut Health Care System, West Haven, CT.
PhD, MD, FRCPsych
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    “Punishment formerly inflicted on those who refused pleading.”38

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    Table 1

    Chronological Outline

    DateEvents and publicationsMute by visitation of God (MVG)Competence to stand trial or fitness to plead (FTP)
    1200Jury trials replace trial by “ordeal”
    Bracton’s On the Laws and Customs of England23Detention by order of the king in cases of homicide in mental illness
    1300MVG distinguished from mute of malice
    Descriptions appear of homicide in mental illness without prosecution
    1400
    1500Harsh imprisonment evolves into peine, forte et dure (PFD)
    Papal authority in England abolished by Henry VIIISomervile trial delayed by questions concerning the genuineness of his “lunacy”24
    1600
    Hale’s Law Commission recommends abolition of PFD
    Hale’s History of the Pleas of the Crown25
    1700Hawkins’ Treatise of the Pleas of the Crown26
    Blackstone’s Commentaries on the Law of England27Felony and Piracy Act abolishes PFD28Ogle not “fit to take his trial”29
    Declaration of IndependenceFrith “not … capable” to make his defense30
    1800
    Stephen’s A History of the Criminal Law of England16Criminal Law Act requires insertion of “not guilty” in cases of refusal to plead31Dyson criterion “conduct her defense with discretion”32
    Pritchard trial generates criteria for FTP33
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Journal of the American Academy of Psychiatry and the Law Online: 52 (2)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 52, Issue 2
1 Jun 2024
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Mute by Visitation of God, Competency to Stand Trial and Fitness to Plead
Alec Buchanan
Journal of the American Academy of Psychiatry and the Law Online Jun 2024, 52 (2) 207-215; DOI: 10.29158/JAAPL.240005-24

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Mute by Visitation of God, Competency to Stand Trial and Fitness to Plead
Alec Buchanan
Journal of the American Academy of Psychiatry and the Law Online Jun 2024, 52 (2) 207-215; DOI: 10.29158/JAAPL.240005-24
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Keywords

  • competency to stand trial
  • fitness to plead
  • muteness
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