Richard Abney and Involuntarily Medicating Defendants
The medical rights regarding a defendant’s ability to stand trial
has made the news as armed bank robbery defendant, Richard Abney, has been
ruled by the U.S. Court of Appeals for the Fourth Circuit to be involuntarily
medicated to stand trial.[1]
According to court documents, Abney “underwent a series of
psychological evaluations to determine his competency to stand trial.” Upon
conclusion of these initial evaluations, it was determined in late 2014 “that Abney
was not suffering from a mental illness that would compromise his understanding
of the trial process and deemed him competent to stand trial.” However, defense
counsel rebutted and retained a forensic psychologist who disagreed with the
initial finding and the fight continued through the courts over the next five
years.
Citing the Supreme Court in Sell v. United States, 539 U.S. 166 (2003)[2], which held that “it is
constitutionally permissible in some circumstances to involuntarily administer
medications to render a defendant competent to stand trial”, the Court of
Appeals for the Fourth Circuit affirmed that the “government met its burden of
proving with sufficient particularity” that the defendant would be mentally
competent to stand trial if given proper medication and that it would be
“unlikely to induce side effects that would undermine a fair trial.”
For additional reading on this case, click this link: https://www.bloomberglaw.com/document/X13QF7LG000000?bna_news_filter=us-law-week&jcsearch=BNA%2520000001688006d8b7a97efff731420000#jcite
