February 3, 2005
Alaska Bar Assn Health Law Section
16
Competence to Stand Trial
¨Sell v. U.S., 539 U.S. 166, 123 S.Ct. 2174 (2003)
–Court Must Decide:
1.“Important governmental interests at stake.”
2.“Involuntary medication will significantly further those concomitant state interests.”
3.“Involuntary medication is necessary to further those interests.  The court must find that any alternative, less intrusive treatments are unlikely to achieve substantially the same results.”
4.“Administration of the drugs is medically appropriate, i.e., in the patient's best medical interest in light of his medical condition.  The specific kinds of drugs at issue may matter here as elsewhere.  Different kinds of antipsychotic drugs may produce different side effects and enjoy different levels of success.”