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Sell v. United States : ウィキペディア英語版 | Sell v. United States
''Sell v. United States'', is a landmark decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendant who had been determined to be incompetent to stand trial for the sole purpose of making them competent and able to be tried. Specifically, the court held that lower courts could do so only under limited circumstances in which specified criteria had been met. In the case of Charles Sell, since the lower court had failed to determine that all the appropriate criteria for court-ordered forcible treatment had been met, the order to forcibly medicate the defendant was reversed. Previously, in ''Washington v. Harper'' 494 U.S. 210 (1990), the Supreme Court made clear that the forced medication of inmates with mental disorders could be ordered only when the inmate was a danger to themselves or others and when the medication is in the inmate's own best interests. In addition, courts must first consider "alternative, less intrusive means" before resorting to the involuntary administration of psychotropic medication.〔(【引用サイトリンク】title=Washington v. Harper, 494 U. S. 210 (1990) -- US Supreme Court Cases from Justia & Oyez )〕〔(【引用サイトリンク】title=Sell v. UnitedStates )〕 Using the framework set forth in ''Riggins v. Nevada'' 504 U.S. 127 (1992), the Court emphasized that an individual has a constitutionally protected "interest in avoiding involuntary administration of antipsychotic drugs" and this interest is one that only an "essential" or "overriding" state interest might overcome.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Sell v. United States」の詳細全文を読む
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