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| Supreme Court Makes It Tougher to Forcibly Drug Inmates |
| By CNSNews.com |
| Published: 06/18/2003 |
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Federal prisoners like Missouri dentist Charles Sell, who was found incompetent to stand trial, have won new protections from the U.S. Supreme Court, which ruled Monday that the government can forcibly administer mind-altering medications only in limited circumstances. In the case of Sell, who was charged with Medicaid fraud six years ago, the decision frees him from years of legal wrangling. The government wants him to take medication to stand trial, but Sell has steadfastly refused. His plea was granted by the nation's highest court Monday. Under a new test derived by the court, federal prosecutors face stringent new requirements making it tougher for the government to forcibly drug inmates who are found incompetent and pose no danger. Sell's attorney, Barry A. Short, said the standard set down by the Supreme Court makes it extremely difficult for the government to press the issue with Sell or any other inmate in a similar predicament. 'It's clear that the Supreme Court thinks it's highly unlikely that the government will ever be able to meet the burden,' Short said. Justice Stephen G. Breyer, who wrote the 6-3 decision in Sell v. United States, spelled out the burden in the form of a four-prong test. Breyer said judges must conclude there are important governmental interests at stake, the involuntary medication will significantly further government interests, the involuntary medication is necessary to further those interests, and the administration of drugs is medically appropriate. Forced drugging was acceptable, Breyer said, 'only if the treatment is medically appropriate, is substantially unlikely to have side effects that may undermine the fairness of the trial and, taking account of less intrusive alternatives, is necessary significantly to further important governmental trial-related interests. 'This standard will permit involuntary administration of drugs solely for trial competence purposes in certain instances,' he added. 'But those instances may be rare.' Prior to this decision, there was no clear standard for judges to follow, said Julie Ruiz-Sierra, an attorney at the Center for Cognitive Liberty & Ethics, which supported Sell. Meanwhile, the three dissenting judges - Justices Antonin Scalia, Sandra Day O'Connor and Clarence Thomas - warned that the decision gives defendants an opportunity to disrupt criminal proceedings. 'Today's narrow holding will allow criminal defendants in petitioner's position to engage in opportunistic behavior,' Scalia wrote. 'They can, for example, voluntarily take their medication until halfway through trial, then abruptly refuse and demand an interlocutory appeal from the order that medication continue on a compulsory basis.' The U.S. Attorney's Office for the Eastern District of Missouri, which is prosecuting Sell, declined to comment. Officials at the Department of Justice, which told the Supreme Court in March it was important to have the option to forcibly medicate inmates, did not return phone calls. The decision generated applause from medical organizations as well as civil liberties groups. The American Psychological Association praised the court for recognizing that medication isn't always the best option for treating mental disorders. The court didn't touch on constitutional issues raised by some of the interested groups. The Center for Cognitive Liberty & Ethics, for instance, stressed the First Amendment implications of forcing someone to take anti-psychotic drugs that manipulate brain chemistry and change thought processes. Although vindicated on the forced drugging aspect, Sell still faces an uncertain fate. After initially being charged with Medicaid fraud, the government has since brought new charges that include attempted murder and conspiracy. Sell has already served more time in prison than he would have under his original Medicaid fraud charge, Short said. |
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