Wednesday, July 13, 2011

Jared Loughner has a "strong personal interest in not being forced to suffer the indignity and risk of bodily injury that results from the administration of powerful drugs."

Says the 9th Circuit Court of Appeals panel, extending the ban on forcing psychotropic drugs on the man accused of the Tucson massacre.
Mr. Loughner's attorneys contend that the danger-to-others argument is a ploy to avoid a more stringent Supreme Court requirement that applies when the government wants to forcibly medicate a defendant to restore him to mental competency to stand trial. In May, Mr. Loughner was declared not competent by federal district Judge Larry Burns, who is presiding over the Loughner case. Administering drugs to return a defendant to competence requires a court hearing....

[The court noted] that prison officials have been able to keep Mr. Loughner in custody for over six months since the shootings "without injury to anyone."

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