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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In a capital criminal case in the state of alabama, can a ...

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In a capital criminal case in the state of alabama, can a defendant be forced to take medication in order to become competent enough to a) stand trial or b) in order to be executed?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
The U.S. Supreme Court has ruled that it is acceptable for a person to be forcibly medicated in order to be competent to stand trial and be executed.

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Customer: replied 5 years ago.
Can you reference the cases (Sells, probably) that helped you come to that answer? Also, my question was specifically about Alabama law, so I was looking for how Alabama courts would view the issue.
Expert:  Law Educator, Esq. replied 5 years ago.
I could find no cases in Alabama that dealt with the issue, the case I relied upon was Sells v. United States in reaching my conclusion. I cannot find any cases where the Alabama Courts have even addressed this issue. Sorry I could not find you more specific information about Alabama, but it doesn't appear to be out there.
Customer: replied 5 years ago.
If you were writing a brief on this subject, generally what do the other states / judicial districts hold on this subject?
Expert:  Law Educator, Esq. replied 5 years ago.
Aside from Sells, the most significant other cases since Sells, all of which uphold the involuntary administration of medication to make a person competent for trial are Singleton v. Norris, 319 F.3d 1018 (8th Cir., 2003); Staley v. State, 233 S.W.3d 337 (Tex. Crim. App., 2007); Pough v. U.S., 442 F.3d 959 (6th Cir., 2006).
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85846
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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