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Criminal Law

: Prevention Not Punishment

PA Death Row Inmates Can Be Forcibly Medicated

By Kristin Houle

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The Pennsylvania Supreme Court has ruled that two death row inmates with mental illness can be forcibly medicated in order to render them competent to continue their appeals and face execution.Texas courts have addressed this issue in the case of death row inmate Steven Staley, who has been diagnosed with severe paranoid schizophrenia and believes that he is being poisoned by medication. A state district judge ordered the state to forcibly give Staley anti-psychotic drugs. Last fall, the Texas Court of Criminal Appeals ruled that it did not have jurisdiction to rule on whether this constituted cruel and unusual punishment and and took no action on the case. As far as I am aware, Staley remains in prison and on medication. Here's the story from the Philadelphia Inquirer ("PA high court OKs forced drugging of mentally ill death-row inmates," July 23, 2008):"Ruling in the case of Thavirak Sam, a Cambodian immigrant who killed three family members in 1989 and has been mentally incompetent for years, the court said that if Sam were left untreated, his appeal would remain in limbo indefinitely...continue to full post

Full post as published by Prevention Not Punishment on July 28, 2008 (boomark / email).

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