Evidentiary Burden and Application of Sell v. United States

Journal of the American Academy of Psychiatry and the Law

article

Jarrod Holiday¹  Robert Weisman¹ 

[1] University of Rochester Medical Center Rochester

关键词: competency to stand trial;    correctional psychiatry;    prisoners' rights;   

DOI  :  10.29158/JAAPL.210046L1-21

学科分类：儿科学

来源: American Academy of Psychiatry The Law

【 摘 要 】

competency to stand trialcorrectional psychiatryprisoners' rightsA Sell Hearing Requires Clear and Convincing Evidence to Involuntarily Medicate a DefendantIn United States v. James, 938 F.3d 719 (5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit reviewed a district court's order to medicate a defendant involuntarily per Sell v. United States, 539 U.S. 166 (2003), and determined that the district court must meet the standard of clear and convincing evidence. On subsequent appeal in United States v. James, 959 F.3d 660 (5th Cir. 2020), the Fifth Circuit found that the Sell standard was applied correctly and affirmed the district court's decision to involuntarily medicate the defendant.

【 授权许可】

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