Forced Medication and the Need to Protect the Rights of the Mentally Ill Criminal Defendant

Authors

Emily C. Lieberman, Benjamin N. Cardozo School of Law

Abstract

The note argues that the current legal framework for forcibly medicating mentally ill criminal defendants, particularly pre-trial detainees, often violates their constitutional rights. It contends that the reliance on "dangerousness" as a criterion for forced medication is too vague and easily abused, leading to inconsistent and unconstitutional applications. The analysis advocates for stricter standards, clearer definitions of dangerousness, and heightened judicial scrutiny to protect the rights of mentally ill defendants.

Disciplines

Criminal Law | Criminal Procedure | Food and Drug Law | Law | Psychiatry and Psychology

Recommended Citation

Emily C. Lieberman, Forced Medication and the Need to Protect the Rights of the Mentally Ill Criminal Defendant, 5 Cardozo Pub. L. Pol’y & Ethics J. 479 (2007).
Available at: https://larc.cardozo.yu.edu/cplpej/vol5/iss2/5