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Trial Rights and Psychotropic Drugs: The Case against Administering Involuntary Medications to a Defendant during Trial

By: Klein, Dora W. | Vanderbilt Law Review, January 2002 | Article details

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Trial Rights and Psychotropic Drugs: The Case against Administering Involuntary Medications to a Defendant during Trial


Klein, Dora W., Vanderbilt Law Review


I. INTRODUCTION

The right of an accused in a criminal trial to due process is, in essence, the right to a fair opportunity to defend against the State's accusations.1

Those who have experienced the full thrust of the power of government when leveled against them know that the only protection the citizen has is in the requirement for a fair trial.2

[I]nvoluntary medication with antipsychotic drugs poses a serious threat to a defendant's right to a fair trial.3

On July 24, 1998, Russell Weston shot and killed two police officers, and wounded a third, near a security checkpoint in the United States Capitol building.4 Reportedly, Weston's goal was to gain …

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