Need for involuntary administration of drugs to render defendant competent for trial must be shown by clear and convincing evidence
DUE PROCESS United States v. Bradley, No. 03-8097, ___ F.3d ___ (10th Cir. Jul. 28, 2005)(Wyoming). Appeal of district court order directing involuntary administration of antipsychotic medication to render defendant competent to stand trial. HELD: Government must prove by clear and convincing evidence that involuntary administration of antipsychotic drugs to render defendant competent to stand trial is medically appropriate and that need for such involuntary treatment is sufficiently important to overcome individual’s protected interest in refusing it. Read the opinion here. |
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