Pennsylvania Court Allows Forced Medication of Mentally Incompetent Death Row Inmates, Moving Them Closer to Execution

The Pennsylvania Supreme Court recently ruled that the state can force two death row inmates to take anti-psychotic medication so they are mentally competent enough to proceed with their appeals and be executed. The two inmates were sentenced to death but were found incompetent to participate in the appeals filed on their behalf. The U.S. Supreme Court has held that mentally incompetent inmates may not be executed. The Pennsylvania court overturned lower court decisions and directed them “to order that appellee be administered, involuntarily if necessary, anti-psychotic medication to render him competent.”

Justice Max Baer dissented, saying, “[T]he governmental interest in carrying out the sentences of death fails to outweigh the violation of [defendants'] Sam’s and Watson’s liberty interests in not having psychiatric medication forced upon them.” In response to the opinion that the forced medication was in the defendants’ best interests so appeals could proceed, he argued that each defendant, “has as much of an interest in avoiding an unwanted and forced drugging as he has in pursuing collateral relief.”

(E. Lounsberry, “Pa. High court Oks forced drugging of mentally ill death row inmates,” Philadelphia Examiner, July 22, 2008).

Source: Death Penalty Information Center