Sell v. United States

Sell v. United States, 539 U.S. 166 (2003), is a decision in which the United States Supreme Court imposed stringent limits on the right of a lower court to order the forcible administration of antipsychotic medication to a criminal defendant who had been determined to be incompetent to stand trial for the sole purpose of making them competent and able to be tried.

In addition, courts must first consider "alternative, less intrusive means" before resorting to the involuntary administration of psychotropic medication.

Also in 1998, on the basis of a videotape provided by an undercover agent, Sell was charged with one count of conspiring to commit the attempted murder of the Federal Bureau of Investigation officer arresting him.

[6] Although the Supreme Court upheld two aspects of the appeal, it ultimately vacated and remanded on the question of the petitioner's dangerousness.

In a divided opinion (6-3), the Court held that the Constitution allows the Federal Government to administer antipsychotic drugs, even against the defendant's will, in limited circumstances as decided previously in Washington v. Harper and Riggins v. Nevada.

[1] [T]he Constitution permits the Government involuntarily to administer antipsychotic drugs to a mentally ill defendant facing serious criminal charges in order to render that defendant competent to stand trial, but only if the treatment is medically appropriate, is substantially unlikely to have side effects that may undermine the fairness of the trial, and, taking account of less intrusive alternatives, is necessary significantly to further important governmental trial-related interests.

The Court in its decision wrote that the standards it outlined will allow involuntary medication for the sole purpose of rendering the defendant competent to stand trial only in rare instances.

Therefore, in each case the facts and circumstances must be considered individually, balancing the government's responsibility to ensure timely prosecution with an equal interest in making sure a defendant obtains a fair trial.

The court must weigh these factors and decide if forced medication will significantly further or hinder these conflicting interests of the state.

[5] However, although this decision possibly affects only a small percentage of trials, it seems to add weight to a growing acceptance of the belief that government can override the constitutional rights of self-determination on medical matters.