Does a charge of illegal reentry without a criminal history supersede a defendant's due process right to not be forcibly medicated?

MultiRegion, United States of America

The following excerpt is from U.S. v. Jaramillo-Ayala, 526 F.Supp.2d 1094 (S.D. Cal. 2007):

Court in Sell, however, provided the standard by which the Government may supersede a defendant's due process right to not be forcibly medicated. "As such, a `serious' crime is defined relative to the interested party[-]in the case of jury trials, the defendant[;] in the case of involuntary medication, the government." United States v. Barajas-Torres, 2004 WL 1598914, *3 (W.D.Tex.2004) (finding the charge of illegal reentry without an apparent criminal history to not be a "serious crime" within the meaning of Sell as it is not a crime against the person or property).

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