Score One For Freedom! Court Rules Forced Meds Are a No-No

Everyone here obviously knows the case of Jared Loughner.

Well, a Federal appeals (9th Circuit of all things) court has ruled that no matter how bat-sh!t crazy the State says you are, they can't force you to take "anti-crazy pills".

Loughner's attorney's seemed to have unwittingly exposed the Police State of the union:

Last Wednesday, U.S. District Judge Larry Alan Burns said in a ruling that he deferred to "medical judgment," and that prison doctors were within their rights to force Loughner to take mind-altering psychotropic drugs against his will. Loughner has already started receiving the powerful drugs, Wednesday's hearing revealed. Lawyers representing Loughner contend that forcing him to take the drugs violates his rights. Authorities at the FedMed should have tried lesser restraints such as milder tranquilizers, argued Reuben Camper Cahn, one of Loughner's lawyers. Prison authorities "allowed competing objectives to interfere" by ordering the psychotropic drugs, which are for treating mental illness, in an effort to restore Loughner to mentalcompetency so he can stand trial -- as desired by law enforcement and judicial systems, Cahn asserted.

Source:
OzarksFirst News Site

This is a big big deal... slowly the state is being beaten back from it's march against our freedoms.

Look, you don't have to support Loughner to support that you can't be forced to take pills - ESPECIALLY to make you "competent" for a trail....

That's some Gulag KGB stuff there.

reply to post by gncnew


Sweet! Now that we see some precedent set on the topic of forced medications perhaps we can start reviewing our usage of things like fluoride in our drinking water.

It should be impossible to drug someone before the have stood trial. I mean there are so many things wrong with it.

We are told we are innocent until proven guilty, if this is the case why have we already administered a punishment in the form of non consensual drugging.

In court we would never accept testimony of someone high on drugs, how is this any different? The medications specifically act to change brain chemistry to regulate moods, emotions and behaviors.

If no one is above the law how can the medical establishment assert itself before the law has its say? Interesting question...

The conspirator in me says that the medication "they" say he taking and the medication he is actually being forced to take are completely different. Its more than likely he is having his memory erased.

-Lightrule

Thank god!!! I couldn't believe that a court would allow that. A judge says "oh yeah, he's batsheet crazy, no way he knows what's going on and what he did" Then, the prosecution says, "nooooooo, let's force him to take meds til he knows right from wrong, then try him." His mental state at the time of the crime is what is important and, he was O_@ crazy then!

I am all for this over-ruling and do not support forced medication of any kind.

BUT, How In The Flaming Pit Of Hades Are They Getting These Court Appearances So Fast?

The Courts Are Swamped.

Any ATS Legal Experts Care To Advise?

F&S Great Find OP,

t

Supreme Court took up a similar case. Sell vs United States

The Supreme Court held that involuntary administration for reasons of competency to stand trial can be an appropriate accommodation of the state’s interest in bringing individuals to trial for serious crimes and the individual’s liberty interest in avoiding forced medication, but that specific criteria must be satisfied.

First, there must be an important governmental interest at stake. While the interest in prosecution of serious crimes is an important interest, a case by case inquiry is necessary to see if that interest is mitigated in any particular case by the prospect of long civil confinement for the psychiatric condition, or because of long periods of confinement already served, which would be subtracted from any eventual sentence. (In Sell’s case, his lawyer had argued that Sell had already been confined for a longer period than the sentence he would receive from conviction on the original indictment.) Second, the medication must be substantially likely to render the defendant competent without offsetting side effects. Third, the medication must be necessary to achieve this result, and alternative, less intrusive procedures must be unlikely to produce substantially the same results. Fourth, the drugs must be medically appropriate.

www.law.duke.edu...

I understand the point of the law, however...

I still think if he's unfit to stand trial - for multiple homicide no less - then he's unfit to make the decisions regarding his medication.

If you're that severely mentally ill ... I just don't see how freedom of choice is even relevant.

And it sure took them long enough, I posted this last week

Originally posted by Forevever
I understand the point of the law, however...

I still think if he's unfit to stand trial - for multiple homicide no less - then he's unfit to make the decisions regarding his medication.

If you're that severely mentally ill ... I just don't see how freedom of choice is even relevant.

And it sure took them long enough, I posted this last week

edit on 5-7-2011 by Forevever because: link add

Here Is your Freedom Of Choice:


DEVOlution

reply to post by Forevever


Explanation: He may be incompetent ... his lawyers aren't and by proxy they have his interests at heart! [claimed... ... we know better..its about ego's and money and oneupmanship ]

Personal Disclosure: As an Australian the laws of my country are different [all our human rights are inalienable though ok... no matter who or where you are... even in heaven and hell and even God can't take them back unless you give them up which is impossible as they ARE INALIENABLE ..even by you! ] and I have been forcefully medicated [jab in the bum with large horse needle and tranq ] so I know what Jared has just been through with the forced medication and I the Judge for this judgement! Justice IS BLIND and occasionally comes up trumps! Lucky us! :shk:

Loughner, Needs to go to the asylum. Needs to stay there for the rest of his life. Doesn't have to take any drugs that might make him temporarily lucid, wouldn't want to step on his rights as an insane person. But if the only reason to give him drugs is to provide him with some level of "sanity", why bother? He's guilty. The witnesses all saw him do it. What are they waiting for? what's the hold-up? Put him in the asylum, lock him up and throw away the key! Are they waiting for him to confess? Are they waiting for him to reach a mental state where he might answer a few questions? Why bother with a jury? He INSANE. Have a judge issue an order, and let all the vicitims families get on with they're lives, because there is no way that "justice" can be done for them, since without a doubt, Loughner is INSANE! It happens! He flew below the radar, his parents were/are clueless, and since he obvisoly has need mental help for along, long time, but didn't get it, put him away and be done with it! If he's re-habilitated (miraculosly) in the aslylum, there's no statute if limitations on MURDER, so they can alwyas stick a needle in his arm later on!, if they still do that in AZ that is.

Good. Now stop force medicating people with Fluoride. Probably wasnt included was it?

When will the American people wake up to the fact that WE LIVE IN NAZI GERMANY. Oh wait, the masses won't wake up until the stock market crashes for the 10th time and there is no food in the SUPERMARKETS. Maybe, just maybe the mindless sheep might wake up and say..."Hey what's going on here?"
Check out this clip with Mike Maloney and Richard Daughty. These economists go over how the government gets away with getting bigger and bigger. Until it's too late...PEACE OUT ATS

So the fluoridation of our water is illegal?

I know this is going to sound insane but how are we supposed to discuss cases like Loughners on ATS?

off medication

There is something wrong with the I Robot voting?

on medication

No history of violence, and no ballistic evidence?

then shouldnt that mean fluouride should be taken out of the water? I dont consume any water with that poison in it anymore