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- Title
Unreasonable: Involuntary Medications, Incompetent Criminal Defendants, and the Fourth Amendment.
- Authors
Klein, Dora W.
- Abstract
The article discusses the legal protections against involuntary medical treatment. The government is allowed by trial courts to administer involuntary antipsychotic drugs to incompetent criminal defendants because these medications are medically appropriate for those diagnosed with schizophrenia and the government's interest in prosecuting criminal charges is important. These standards fail in protecting adequately incompetent criminal defendants from harms that are not justified by the interest of the government in bringing them to trial.
- Subjects
TRIAL courts; ANTIPSYCHOTIC agents; CRIMINAL defendants; SCHIZOPHRENIA; PSYCHOSES; INDICTMENTS; CRIMINAL procedure; TRIALS (Law); LEGAL procedure
- Publication
San Diego Law Review, 2009, Vol 46, Issue 1, p161
- ISSN
0036-4037
- Publication type
Article