RT Journal Article
SR Electronic
T1 A Model Treatment Refusal Procedure for Defendants Found Incompetent to Stand Trial in the Ninth Circuit
JF Journal of the American Academy of Psychiatry and the Law Online
JO J Am Acad Psychiatry Law
FD American Academy of Psychiatry and the Law
SP 417
OP 421
VO 40
IS 3
A1 Martin Epson
A1 Liban Rodol
A1 Joseph D. Bloom
YR 2012
UL http://jaapl.org/content/40/3/417.abstract
AB Pretrial detainees have a constitutionally protected right to refuse medical treatment in most circumstances; however, individuals found incompetent to stand trial (IST) due to a mental disorder can be treated involuntarily by clinicians who adhere to careful medical and legal procedures. The process of involuntary treatment of IST pretrial detainees begins with categorization into particular legal and medical groups. These different categories affect the individual's access to treatment. In this article, we review the relevant case law for the jurisdiction of the Ninth Circuit and place the medical-legal debate regarding these procedures in the context of recent cases. To address the medical-legal disjunction, we propose and discuss a model for managing treatment refusal in pretrial detainees found IST.