Guidelines - all of the following should be present:
(1) There are important government trial-related interests (viz, it is considered essential that the trial takes place).
(2) The medication is expected to render the defendant competent to stand trial and will be unlikely to have effects that would render the trial unfair (see below).
(3) Other, less intrusive interventions are unlikely to be as effective.
(4) The drug is medically appropriate for the patient, without significant adverse effects.
However, a person should not be involuntarily medicated solely for the convenience of the government's case. The author feels that a physician should only prescribe the drug if it is in the patient's best medical interests.
Effects of a drug that may make a file unfair:
(1) sedate the defendant
(2) interfere with the communication between the defendant and counsel
(3) interfere with the defendant's ability to respond to rapid developments during the trial
(4) decrease the defendant's ability to express emotions
These guidelines do not cover situations where:
(1) The medication is intended to control a patient who is dangerous to self or others.
(2) The medication is essential for the patient's health, and refusal to take a medication is a grave threat to the person's health.
NOTE: The fact that a person can be considered incompetent to stand trial yet competent enough to refuse a medication seems ironic.
