US v. Gomes, 289 F.3d 71
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the Full-Text Amicus Brief (PDF, 76K)
Cover Page (PDF, 8K)
Table of Contents (PDF, 18K)
Brief Filed: 9/01
Court: US Court of Appeals for the Second Circuit
Year of Decision: 2002
Issue: Whether a criminal defendant can be involuntarily medicated
in order to restore the defendant to competency
Index Topics: Medication (right to refuse); Competency
Facts: The case involves a mentally ill defendant who was charged with
weapons possession and determined not competent to stand trial. After extended
involuntary commitment and an assessment that he was not likely to become competent
absent medication, the trial court held a hearing on the issue of whether he should
be involuntarily medicated in order to restore his competency to stand trial.
The trial court concluded in a detailed sealed opinion, balancing the defendant's
rights against the government's interest in adjudicating the guilt or innocence
of those charged with crimes, that the defendant could be involuntarily medicated.
The case was appealed to the US Court of Appeals for the Second Circuit. The US
Court of Appeals for the Second Circuit issued an order requesting APA to submit
an amicus brief addressing specific issues related to involuntary medication of
a criminal defendant in order to restore the defendant to competency so that he
can stand trial.
APA's Position: APA filed a brief addressing specific inquires from
the court dividing the brief into two major parts. The "Scientific Background"
section addresses the state of drug-related treatments for psychosis, the range
of side effects associated with particular categories of drugs, and the efficacy
of the alternative, non-drug-related therapies for the victims of psychosis. The
"Argument" section then proposes a legal framework for resolving disputes
about the coercive administration of antipsychotic drugs as a means of making
criminal defendants competent to stand trial. In summary, APA argued that antipsychotic
drugs should not be forcibly administered to a criminal defendant for the purpose
of rendering him competent to stand trial unless the government can prove that
administration of the drugs in question is therapeutically appropriate for the
specific defendant; that the drugs are substantially likely to render the defendant
competent to stand trial; and that less intrusive non-drug alternatives would
likely be ineffective in accomplishing the same objective.
Result: The US Court of Appeals for the Second Circuit vacated the
part of the district court order authorizing the defendant's involuntary medication
and remanded the case for further proceedings consistent with its opinion. The
opinion presented the balanced approach proposed in APA's brief (with cites to
APA's brief with approval on three important points).
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