|
''Washington v. Harper'', , was a United States Supreme Court case in which an incarcerated inmate sued the state of Washington over the issue of involuntary medication, specifically antipsychotic medication.〔(【引用サイトリンク】title= Washington et al. v. Harper Certiorari to the Supreme Court of Washington )〕 == Background == Respondent Harper, an inmate in the Washington prison system since 1976, had a history of becoming violent when not on antipsychotic medication. Twice he was transferred to the Special Offender Center (SOC), a state institution for convicted offenders with serious psychiatric problems. While there, Harper was forced to take psychiatric medication against his will. The SOC followed its policies of institutional review for making a treatment decision to forcibly medicate an inmate.〔 Upon his second hospitalization at the Center, Harper filed suit in state court under 42 U.S.C. 1983, alleging that the Center failed to provide a judicial hearing before involuntarily medicating him, thus violating the due process clause of the Fourteenth Amendment. The trial court rejected his claim but the State Supreme Court reversed the decision and remanded the case back to the trial court stating that the State could administer antipsychotic medication to a competent, nonconsenting inmate only if, in a judicial hearing, at which the inmate had full adversarial procedural protections, the State could proved by "clear, cogent, and (U.S. 210, 211 ) convincing" evidence that the forced medication was necessary and effective for furthering an important state interest, weighing the individuals interest against that of the state.〔 The United States Supreme Court granted a Writ of Certiorari.〔(【引用サイトリンク】title=Washington' et al., Petitioners v. Walter Harper )〕 The American Psychological Association submitted an amicus brief in support of the inmate's right to a due process hearing, stating forced medication of an incarcerated inmate violated the due process, equal protection, and free speech clauses of the Constitution of the United States.〔(【引用サイトリンク】title=Washington v. Harper, 494 U.S. 210 ) 〕 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「Washington v. Harper」の詳細全文を読む スポンサード リンク
|