NCJ Number
118034
Journal
Criminal Law Bulletin Volume: 25 Issue: 3 Dated: (May-June 1989) Pages: 279-286
Date Published
1989
Length
8 pages
Annotation
In United States v. Charters, the court held that a person accused of a serious crime and committed as incompetent to be tried to a Federal prison, has no federally protected right to resist the forcible administration of anti-psychotic medication.
Abstract
In Bee vs. Greeves the court of appeals found that detainees have a constitutional right to refuse treatment with anti-psychotic drugs, a right to privacy, and a liberty interest to avoid needless bodily restraint. The liberty interest claim was dealt with by the Charters court but consent and privacy analysis were virtually ignored. Also ignored by the Charters court was Bee's claim that enforced medication impinged on his First Amendment right to communication of ideas, a right that required protection of the capacity to produce ideas, which can be permanently and severly affected by medications. There was no security issue involved in Charters, thus it should have been an easy decision for the courts to make. Instead Charters has contributed to the erosion of the claims of human dignity and autonomy of persons accused or convicted of committing a crime. 35 notes. (Author abstract)