Sell Factors and Garcia Factorsa
Sell v. United States, 539 U.S. 166 (2003)16 | State v. Garcia, 658 A.2d 947 (Conn. 1995)12,b |
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1. Important government interests at stake | 5. Seriousness of alleged crime such that state's interest overrides defendant's interests |
2a. Involuntary medication will significantly further those interests | 1. Involuntary medication will render the defendant competent |
2b. Side effects will not interfere with defendant's ability to assist counsel | 3. Proposed treatment plan narrowly tailored to minimize intrusion on defendant's liberty and privacy interests (but no specific statement regarding side effects at trial) |
3. Involuntary medication necessary to further government interests and alternative, less intrusive treatments are unlikely to achieve substantially similar results | 2. Adjudication not possible with less intrusive means |
4. Medication is medically appropriate (in defendant's best medical interest) | 3. Proposed treatment plan narrowly tailored (as above), and |
4. Proposed medication will not cause unreasonable risk to defendant's health | |
Other: Health Care Guardian to advise court regarding best medical interest if defendant is incapable of informed consent |