TY - JOUR T1 - The Involuntary Medication of Jared Loughner and Pretrial Jail Detainees in Nonmedical Correctional Facilities JF - Journal of the American Academy of Psychiatry and the Law Online JO - J Am Acad Psychiatry Law SP - 98 LP - 112 VL - 40 IS - 1 AU - Alan R. Felthous Y1 - 2012/01/01 UR - http://jaapl.org/content/40/1/98.abstract N2 - In United States v. Loughner the Ninth Circuit will soon address the constitutionality of involuntarily medicating an incompetent pretrial defendant through a Harper order that could serve to render him competent to stand trial without the added procedural protection of a judicial hearing. Judicial support for applying Harper orders to pretrial defendants is likely to be used to justify Harper orders for pretrial jail detainees, allowing them to be involuntarily medicated in a jail setting, even though the place of involuntary medication was not at issue in the Loughner case. Because of the critical clinical, ethics-related, and legal concerns for such practice, the potential misapplication of the Loughner ruling should be considered by the Ninth Circuit before rendering its decision. This is, however, unlikely because the Ninth Circuit has just determined that Loughner will continue to be involuntarily medicated, regardless of whether this occurs in a hospital or in a nonmedical correctional facility. ER -