2004) ("[T]he coercive force of the order lies solely in the compulsion generally felt by law-abiding citizens to comply with court directives."); infra Part III (describing how court held Kendra's Law not to constitute forced medication
(30) Discussed below are a number of ways in which the actuality of involuntary commitment and forced medication
proceedings do not comport with statutory and constitutional requirements.
Next, ask the same students to devise one or two scenarios in which they would not feel justified in supporting a forced medication
(23.) Judge Bye specifically dissented on the grounds that the charged offenses were "not sufficiently serious" to warrant forced medication
. United States v.
(115) He concluded that the charges were not serious enough to warrant forced medication
of the defendant who was a non-dangerous pre-trial detainee "cloaked with the presumption of innocence." (116)
The decision does set a high standard; it mandates that forced medication
orders for each nonviolent defendant must pass a four-part test.
For more information about forced medication
, including what can be done about it, see the article beginning on page 19.
cases authorizing forced medication
because it lacks a characteristic
The appeals court affirmed, finding that, on a matter of first impression, a state does not violate the Eighth Amendment or due process by executing an inmate who has regained competency through forced medication
that is part of appropriate medical care.
Ms Thompson said: 'Too often people are left to become so ill that their first experience of mental health services is a police escort to psychiatric hospital and forced medication
under a section of the Mental Health Act.
It established a standard of review where the Supreme Court had declined to articulate one, found that competency restoration was sufficiently important to justify involuntary administration of psychotropic medicine, and concluded that forced medication
did not create unconstitutional trial prejudice in this case.
The nurses' responsibilities during the forced medication