Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
The Costs Of Delay: Incompetent Criminal Defendants, Involuntary Antipsychotic Medications, And The Question Of Who Decides, Dora W. Klein
The Costs Of Delay: Incompetent Criminal Defendants, Involuntary Antipsychotic Medications, And The Question Of Who Decides, Dora W. Klein
Faculty Articles
Whether an incompetent pretrial detainee is entitled to a judicial hearing before he may be administered involuntary antipsychotic medication is a matter of contention. The question of the constitutionality, with regard to the Due Process clause, of involuntary medication to diminish a detainee’s dangerousness is one that arises at the intersection of two United States Supreme Court cases, Washington v. Harper and Sell v. United States.
In Harper, the Court ruled that a convicted prisoner is not entitled to a judicial hearing before he may be administered involuntary antipsychotic medications when the medications are necessary to diminish the prisoner’s dangerousness …