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NCJ Number: 154093 Find in a Library
Title: Involuntary Electro-Convulsive Therapy To Restore Competency To Stand Trial: A Five Year Study in New York State
Journal: Journal of Forensic Sciences  Volume:40  Issue:2  Dated:(March 1995)  Pages:183-187
Author(s): B Ladds
Date Published: 1995
Page Count: 5
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: This analysis of records from two forensic psychiatry facilities in New York State between July 1986 and July 1991 revealed that involuntary electroconvulsive therapy is still requested and administered to incompetent defendants and that its use should be reexamined in view of the concerns raised in the 1992 U.S. Supreme Court decision in Riggins v. Nevada.
Abstract: The Riggins case made it likely that lower courts will review if, and under what conditions, pretrial criminal defendants may be treated involuntarily with antipsychotic medication. The similar use of ECT also should be considered. The research analyzed the records of approximately 1,365 persons who were incompetent to stand trial. The results revealed one case of a request to the court to administer involuntary ECT to an incompetent defendant. This request was granted after a Rivers hearing, at which it was determined that the individual lacked the capacity to refuse the proposed treatment and that the treatment was in his best interests. The involuntary ECT was not effective. The analysis suggested the desirability of reconsidering whether and under what conditions ECT should be involuntarily administered to a pretrial defendant. Recommended measures in these cases include judicial review and special precautions to minimize memory impairment. 41 references (Author abstract modified)
Main Term(s): Criminology
Index Term(s): Competency to testify; Forensic psychiatry; Involuntary treatment; Mental disorders
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=154093

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