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Abstract: 

This is the first in a multipart series exploring the interaction between medicine and justice. While society readily accepts—even welcomes—chemicals and drugs to treat virtually every ailment, every cosmetic or personality flaw, as well as flagging energy and otherwise, there is a general reluctance to legalize interventions of medicine in the law. Although such a reticence seems inconsistent with the general societal willingness to self-medicate, it is perhaps a wise reaction, given the use and application of medicine in the justice system (and state institutions for mentally ill, which is often where offenders end up). Historically, there has been much to worry about. The medicalization of punishment has often led to invidious policies. Part I, below, describes some aspects of the historical relationship between medicine and law, and provides the backdrop of Supreme Court reasoning regarding the related constitutional concerns.

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Affiliations:  1: Managing Editor.