Table 1.

Sell Factors and Garcia Factorsa

Sell v. United States, 539 U.S. 166 (2003)16State v. Garcia, 658 A.2d 947 (Conn. 1995)12,b
1. Important government interests at stake5. Seriousness of alleged crime such that state's interest overrides defendant's interests
2a. Involuntary medication will significantly further those interests1. Involuntary medication will render the defendant competent
2b. Side effects will not interfere with defendant's ability to assist counsel3. 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 results2. 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
  • a Numbered in accordance with the text of court decisions.

  • b Health care guardian/criminal court procedures.