If the individual were placed in inpatient commitment, Rivers would protect them against forced medication.
But see O'Connor, supra note 7, at 347 (claiming "the issue is one of semantics" between forced medication and court-ordered medication).
143) Based on this "hypothetical assumption" the Court found that the Eighth Circuit's decision was incorrect in approving forced medication solely to render Sell competent to stand trial.
The Court found that the order conclusively determined the disputed question, which was whether Sell had a legal right to refuse forced medication.
The Court in Sell failed to take the necessary steps to define an individual's liberty interest in such a way as to preclude forced medication, under any circumstances, of a criminal defendant awaiting trial solely to render him competent to stand trial.
Groner, "New Challenge Expected by Hill Shooter: Ruling Could Reopen Question of Weston's Forced Medication
," Legal Times, 23 June 2003.
Policies that address restraints and forced medication must be drafted carefully.
It is mandatory that this manual contain directives regarding emergency psychiatric interventions, suicide prevention and response, restraint procedures and forced medications.
In fact, institutional interests are likely almost always to take precedence over any concern with the medical indications for forced medication, since two of the three members of the reviewing committee are neither trained nor licensed to prescribe psychotropic drugs, one has no medical expertise at all, and all appeals are solely to the SOC Superintendent.
Psychiatrists should take seriously the likelihood that even if they see forced medication as treatment, others will see it simply as a substitute for bars, straight jackets, and more guards.
What are we to make of the psychiatric profession that believes forced medication with major antipsychotic medications over a three-year period is "medically appropriate"?