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The Need for Involuntary Medication in Competency to Stand Trial Proceedings: A Necessary Work in Progress

ABSTRACT The recent United States Supreme Court decision in Sell v. United States has reignited the debate regarding involuntary medication of defendants for the purposes of restoration to competence to stand trial. While the Court did not provide any momentum for either side of this debate, its decision in essence continued to allow such a practice under specific conditions. The purpose of this commentary is to offer a reasoned approach to understanding the need to involuntarily medicate certain defendants in an effort to balance the rights of the individual against the rights of society. The commentary emphasizes the need for mental health professionals to focus on their duty to advise any client, including the court, of medically appropriate treatment including medication trials.