The Right to Medicate

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updated Sep 14, 2011

By Author - LawCrossing

Loughner, who entered a not guilty plea to more than 40 charges in connection with the January eighth mass shooting in Arizona, was determined to be mentally unfit to stand trial in May. Since that ruling, he has been housed at a federal prison in Springfield, Missouri, where he is being medicated in an attempt to rebuild his mental stability. “Mental health experts have determined that Loughner suffers from schizophrenia” but say that with medication he may be able to participate in his own trial and defense in the future.

Loughner's medication was discontinued in July when a three-judge panel ordered a temporary stop to the involuntary treatment. However, after a July 18th administrative hearing within the prison, officials began medicating him again. According to the prison staff, Lougner's mental state went into rapid decline when the medication was removed. He reportedly asked a prison psychologist to kill him and repeatedly went into rants. In addition to bouts of uncontrollable crying, Loughner also spat at one of his own attorneys and threw a chair against his cell wall. Ultimately, officials determined that without anti-psychotic medication Loughner posed a threat to himself and others.

But defense attorney Reuben Camper Cahn argued that prison officials should not be the ones to decide whether a pre-trial inmate requires medication. He asked the panel of judges to demand that prison officials obtain federal court approval for any further treatment of his client. It was further noted that Loughner did not have a lawyer present at the July 18th prison administrative hearing that led to the reinstatement of the forced medication.

According to Cahn, Loughner should retain the right to decide what medication he receives because he has not been convicted of a crime. Cahn further suggested that the use of anti-psychotic medication to control Loughner's outbursts is nothing short of excessive.
United States

Prison officials, however, refuse to consider the use of tranquilizers or restraints, noting that Loughner's underlying mental illness needs to be addressed.

Although it is unlikely that he panel will make an immediate decision, the ruling could very well determine whether Loughner will ever be able to stand trial for the shooting that left six dead and thirteen wounded.
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