When Forced Drugging
Constitutionally Permissible?
Court Must Conclude:
1. Important governmental interests are at stake,
2. Will significantly further those state interests - substantially unlikely to
have side effects that will interfere significantly (with achieving state
interest),
3. Necessary to further those interests. The court must find that any
alternative, less intrusive treatments are unlikely to achieve substantially
the same results, and
4. Medically appropriate, i.e., in the patient's best medical interest in light
of his medical condition. The specific kinds of drugs at issue may matter
here as elsewhere. Different kinds of antipsychotic drugs may produce
different side effects and enjoy different levels of success.
Sell v. United States, 539 U.S. 166, 177-8, 123 S.Ct. 2174, 2183 (2003)
(Competence to Stand Trial Case).