People v. Miraglia

Defendant, a high school clinical psychologist, was convicted of criminal sexual assault of 16-year-old male student Court properly denied retrospective jury determination on question of her fitness to stand trial and which found her fit to stand trial. There is no constitutional right to jury determination of fitness to stand trial, but is statutory in origin, in Section 104-12 of Code of Criminal Procedure. Section 104-12 provides that Defendant does not have a right to jury determination of fitness when the demand is made after trial has begun, but only a bench determination. Finding of fitness not against manifest weight of evidence, as two experts opinion that Defendant could understand nature and purpose of proceedings and assist in her defense.(CUNNINGHAM and DELORT, concurring.)