Abstract
ABSTRACT When a defendant who has been adjudicated incompetent to stand trial invokes the right to refuse psychiatric treatment, the defendant's interest in being free from unwanted bodily intrusions is in conflict with the government's interest in obtaining an adjudication of the defendant's guilt or innocence in a criminal matter. This paper reviews the literature and case law on the concept of trial competence and the constitutional bases for the right to refuse psychiatric treatment, and examines the right to refuse treatment as it applies to pre-trial detainees. The practical implications of trying to balance the defendant's interests against the state's interests, while protecting the defendant's best medical interests, are discussed.
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