Fitness to Stand Trial Evaluations: A Comparison of Referred and Non-Referred Defendants

Abstract

This study compared the characteristics of 80 defendants referred for fitness to stand trial evaluations with those of 80 defendants who were not referred. Results indicated that referred and non-referred defendants were comparable in terms of demographic characteristics. Referred defendants were significantly more likely to be charged with a violent offense, meet diagnostic criteria for current psychotic disorder, and demonstrate impaired legal abilities. They were less likely to have any previous criminal charges and meet criteria for antisocial personality disorder. Notably, approximately 25% of non-referred defendants demonstrated legal impairment. Also, approximately 20% of referred defendants appeared to have neither a current mental disorder nor legal impairment. Strategies to improve the detection and treatment of potential unfitness are discussed.