When will a court order the involuntary administration of an antipsychotic drug to restore a defendant's trial competence?

California, United States of America


The following excerpt is from People v. Velasco, D066582 (Cal. App. 2015):

[citation]' and while they can eliminate undesirable behaviors, they also interfere with a person's autonomy and can impair his ability to function in certain contexts. [Citation.] Second, while antipsychotic medication has well-documented therapeutic benefits, the medication has serious, even fatal, side effects." (People v. O'Dell (2005) 126 Cal.App.4th 562, 568-569.)

Nonetheless, a court may authorize the involuntary administration of antipsychotic medication to restore a defendant's trial competence if "the Government, in light of the efficacy, the side effects, the possible alternatives, and the medical appropriateness of a particular course of antipsychotic drug treatment, [has] shown a need for that treatment sufficiently important to overcome the individual's protected interest in refusing it." (Sell v. United States (2003) 539 U.S. 166, 183.)

Other Questions


Can a court order an order for involuntary administration of antipsychotic medications under section 1370 of the California Penal Code? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does a trial court have the power to order a defendant to personally appear at trial? (California, United States of America)
Does the Court of Appeal have jurisdiction to order an order affecting a judgment from the trial court while the appeal is pending? (California, United States of America)
What is the test for a judge to order a second competency hearing for a defendant who has been found competent to stand trial? (California, United States of America)
Can a defendant who was represented by a court-appointed counsel at trial avoid paying the court-ordered fines? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
In what circumstances will the trial court order a separate trial in a case involving multiple defendants? (California, United States of America)
What are the "magic words" required by the trial court to determine that a defendant is competent to stand trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.