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Abstract: 

There is no question that criminal defendants have a right to be mentally competent at every stage of criminal proceedings in which they may play a participatory role. A finding of unfitness or incompetency can cause substantial delays when a decision must await restoration of competency. The stark question here, however, is whether the government’s interest in completing the process with a valid sentence is sufficient to require the defendant to submit to forced medication.

Keywords: U.S. v. Cruz , ___ F.3d ____ (3rd Cir. 2014); Sell v. U.S., 539 U.S. 166 (2003)

Affiliations:  1: Executive Editor.