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Court: Jared Loughner can refuse anti-psychotic medication
Lawyers representing Jared Loughner contend that forcing him to take drugs against his will violates his rights.
July 13th, 2011
09:15 AM ET

Court: Jared Loughner can refuse anti-psychotic medication

(CNN) - A three-judge federal appeals panel has ruled that Tucson shooting suspect Jared Lee Loughner can refuse anti-psychotic medication.

Tuesday's ruling comes days after the court said it would review an appeal by attorneys for the government who argued the alleged gunman should be forced to take anti-psychotic drugs for his behavior.

The federal appeals court last week temporarily halted the forced medication.

"Since Loughner has not been convicted of a crime, he is presumptively innocent and is therefore entitled to greater constitutional protections than a convicted inmate," court documents said.

"While both interests are significant, we conclude that preserving the dignity and bodily integrity of an individual who has not been convicted of a crime is the stronger interest, especially when the government has demonstrated that it is able to prevent that individual from harming himself or others."

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soundoff (2 Responses)
  1. Marcel

    . Mr Loughner should not be the one to decide on his treatmrnt since clearly he is incapable of so doing because of his disturbed mental state. It is mind boggling that someone of apparently unsound mind is given a voice.

    July 14, 2011 at 12:21 am |
  2. Dr. Josh

    The woman arguing against Dr. Drew has clue about psychiatric medicine. We routinely medicate patients against their will in the hospital when they lack capacity to make their own decisions or are a harm to theirselves and/or others. Someone floridly psychotic like this man would be medicated against his will without batting an eye if he werent on trial.

    July 13, 2011 at 10:51 pm |