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- Title
Involuntary competence.
- Authors
Morse, Stephen J.
- Abstract
This article addresses whether the state has the right to medicate involuntarily a defendant who is incompetent either to plead guilty or to stand trial for the purpose of restoring legal competence. It first presents the constitutional background concerning incompetence and the right of prisoners generally to refuse psychotropic medication. Then the article examines the individual and state interests that must be considered to decide specifically whether the state may involuntarily medicate a criminal defendant solely for the purpose of restoring competence. Although the individual interests are strong, the article contends that the state does have a right to medicate involuntarily defendants charged with most crimes to restore trial competence, and that adequate remedies are available to ensure that medicated defendants receive a fair trial.
- Subjects
UNITED States; COMPETENCY to stand trial; MEDICAL care of prisoners; INVOLUNTARY treatment; PRISON psychology; LAW; CRIMINAL procedure; CIVIL rights; CRIME &; psychology; CRIMINAL law; FORENSIC psychiatry; CONTROL (Psychology); ANTIPSYCHOTIC agents; AUTONOMY (Psychology); CAPACITY (Law); CRIMINOLOGY; JURISPRUDENCE; LEGAL status of prisoners; STATE governments; PATIENT refusal of treatment; LEGISLATION
- Publication
Behavioral Sciences & the Law, 2003, Vol 21, Issue 3, p311
- ISSN
0735-3936
- Publication type
journal article
- DOI
10.1002/bsl.538